It happens every year. One or two days before Thanksgiving or Christmas, we have clients who realize that their ex or soon-to-be ex will not allow him/her to see their child(ren) for the Holidays. They call their attorney and their attorney goes to court on an emergency motion only to be told–”its not an emergency”. That’s right. Judges believe that people know when Thanksgiving and Christmas is and have plenty of time to go into court with proper notice and request a holiday visitation schedule.
Most holidays are rotated on an alternating basis so that each parent gets to spend that holiday with their children at least once every other year. Winter and Spring breaks are usually equally divided or alternated every other year. Parents who do not have the majority parenting time with their children usually get at least two weeks of summer vacation, although in some cases the summer can be split.
As a result, make sure that your parenting schedule includes holiday time. If not, talk to your attorney now before its too late about incorporating a holiday schedule into your parenting plan, or modifying a holiday schedule in the event there is a conflict. If you wait too long to act, you may miss out on spending the holidays with your children this year.