Anderson & Boback Logo

Celebrating Birthday’s in a Parenting Agreement

Categorized as Child Custody & Visitation

Birthdays seem to be a very touchy subject in family court.  As such, to avoid unnecessary emergency motions, minor children and parent’s birthdays are often allocated in the Allocation Judgments entered in Courts in Illinois.
One thing to consider when working birthdays into parenting agreements or Allocation Judgments is that birthdays, more often than not, fall on weekdays.  That means that minor children are generally in school or in camp during their birthdays or during their parent’s birthdays.  There are many different ways to celebrate minor children’s birthdays, including:
(1) Sharing the day equally between parents (if it falls on a weekend)
(2) Celebrating the birthday each year jointly at a dinner (if the parties can get along well enough to do so)
(3) Alternating years throwing a birthday party for the minor child and inviting the other parent to attend;
(4) Giving one parent a span of time after school with the minor child, if the birthday falls on a school day, to give them a gift/take them for ice cream, etc.) and give the remainder of the evening to the other parent for dinner;
(5) Just celebrate the birthday with the parent who the minor child would be with, anyway, and save the celebrating for the weekend with the other parent (either the weekend prior or after the actual birthday).
Parent’s birthdays usually aren’t an issue to allocate to the parent whose birthday it is because usually both parents don’t have the same birthday. So, in most cases, each parent has their child(ren) on the parent’s birthday each year.  Pay attention to: (1) if the parent’ birthday falls on a holiday, such as Christmas, Easter, Father’s Day, etc.) and work out language about what will happen if it falls on such a day; (2) separate schedules in the event the birthday falls on a school day versus a weekend day.

Was this information helpful?

You May Also Like

A cohabitation agreement is an agreement or contract entered into between two people living together in the same household who are in a romantic relationship but not married. With more millennial couples choosing to live together, whether planning to marry…

When going through a divorce it's not uncommon to think "I never want to get married again!" But later, you may fall in love again and be ready to venture into marriage again. If you are planning to remarry, you…

While doing an initial consultation with an individual looking to get divorced, I have found it is common to get questions about whether it is possible for a divorcing couple to work together with an attorney to do a collaborative…

No one likes to pay spousal maintenance (formally called "alimony" or referred to as spousal support). When you are employed and your ex refuses to work, there is a greater reluctance to want to pay maintenance. In Chicago divorces, there…

Finding the best child custody lawyer in Chicago may seem like a daunting and intimidating process if you have never been involved in a legal dispute. This is especially true when it comes to a custody case involving your children…

Parenting disputes, and accusations of being a bad or unfit parent, are extremely common in the world of divorce, juvenile, and family law. Many parents enter the courtroom with a laundry list of accusations of poor parenting against the other…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Why Choose

Schedule a Discreet Consultation Today!

    Firm Overview

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870