One of the visitation holidays that are often negotiated in custody judgments and parenting agreements include birthday visits for the parties and the minor children. This sometimes includes parent’s birthdays, but usually includes at a minimum, the birthdays of the minor children. Most Judges are inclined to allow some sort of access to the minor children on a minor child’s birthday, even if it is a quick visit to give the minor child a present. The issue of who will have the minor children on their birthdays, however, is highly circumstantial and different in each situation.
Some parties opt to alternative years for the minor children’s birthdays. If there is more than one minor child, Mom might have Child A in even years, and Child B in odd years, on each child’s respective birthday, where Dad might have Child A in odd years and Child B in even years, on that child’s birthday. This ensures each parent has one minor child on their own birthday, every year. Parents may also opt to split the birthdays equally with each other, although this becomes more difficult as the children reach school age, since, more often than not, they are in school all day on their birthday.
If a parent asks for parenting time with the minor children on their birthday, it is usually granted. One issue to be careful of is that a parent’s birthday won’t conflict with another parent’s visit. For example, if one parent has a late December or early January birthday, there is a chance that the “birthday visitation” could conflict with Winter Break or Christmas visitation. Same goes for March and April birthdays, which could conflict with Easter. Generally, if a parent wants the minor children on their birthday each year, a Judge will grant it.
Parties should keep in mind that both their birthdays as well as the minor children’s birthdays are happy occasions that should not under any circumstances be ruined by parenting and visitation agreement conflicts.