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Peaceful Days and Silent Nights: How to Make Sure Your Children’s Custody is Clear for the Holidays

On Behalf of | Dec 22, 2024 | Family Law

The holiday season is supposed to be a time of joy, peace, and lots of togetherness.

But for families who may be going through a divorce, it can also be a period filled with stress and anxiety, particularly when it comes to navigating your children’s custody arrangements.

From making separate travel plans to deciding what gifts to buy, a family dealing with a separation or divorce during the holidays has a lot on their plates.

KEY TAKEAWAYS:

  • No matter how happy and exciting the holidays are, they can also be stressful and overwhelming for divorced families who are trying to navigate the details together.
  • Effective communication and early planning with your co-parent will help both of you move through this season with less stress and more productivity.
  • No matter where you are in your divorce journey, it’s important you always have a skilled law firm on your side who can help you decide your next best step.

Anyone who celebrates a holiday knows that there is always a fair amount of planning that needs to take place. For the family who is going through a divorce, there is a whole other level of organization that must come into play.

Ensuring that your children’s custody is clear for the holidays is essential to maintaining a harmonious and joyful season.

If you find yourself facing the holidays while also navigating a divorce, the following tips can help you find ways to make the whole process a bit more peaceful for everyone…particularly the children, for whom the holiday magic should always be prioritized.

Understanding Colorado Custody Laws During the Holidays

In Colorado, child custody is referred to as “parental responsibilities,” which includes both decision-making responsibilities and parenting time.

Parental responsibilities can cover a number of key aspects, such as determining the child’s primary residence, who will make major decisions, where the child attends school and the allocation of “parenting” or visitation time.

While Colorado courts prioritize the best interests of the child when determining custody arrangements, they also allow for parents to be able to choose from several options when working holidays into their parenting plans.

Some of the more common arrangements are:

  • Alternating Holidays: Parents take turns having the child for specific holidays. For example, one parent might have the child for Thanksgiving in even years and Christmas in odd years, while the other parent has the opposite schedule.
  • Splitting the Holiday: The holiday is divided into two parts, allowing the child to spend time with both parents on the same day. For instance, the child might spend Christmas morning with one parent and Christmas evening with the other.
  • Fixed Holidays: Certain holidays are assigned to one parent consistently each year. For example, the child might always spend the Fourth of July with one parent and New Year’s Eve with the other.
  • Double Holidays: The child celebrates each holiday twice, once with each parent. This arrangement is particularly useful for holidays like birthdays or Thanksgiving, allowing the child to enjoy festivities with both sides of the family.
  • Custom Agreements: Parents can create custom holiday arrangements based on their unique family traditions and needs. This might include accommodating travel plans or extended family gatherings.

No matter what plan you and your ex choose, it’s important you find one that is consistent and can be honored by all parties involved.

By establishing clear and agreeable custody arrangements, you ensure that the focus remains on the happiness and well-being of your children, allowing everyone to enjoy the festive season without unnecessary stress and conflict.

Home for the Holidays: How to Create a Custody Plan That Works for Everyone

Divorce is an unpleasant experience for many families, but it doesn’t have to put a damper on your holidays.

Let’s look at some proven tips and tricks for keeping the peace this holiday season:

#1: Communicate and Plan Ahead

Effective communication is crucial in co-parenting, especially during the holidays.

Start by discussing your holiday plans with your co-parent well in advance. Here are some steps to ensure a smooth planning process:

  1. Early Discussion: Initiate the conversation about holiday plans as early as possible. This gives both parties ample time to negotiate and reach an agreement.
  2. Be Flexible: Understand that flexibility is key. Be willing to compromise and consider the other parent’s perspective and plans.
  3. Use a Calendar: Create a shared calendar to keep track of important dates, such as holidays, school vacations, and special events. This helps avoid scheduling conflicts and ensures both parents are on the same page.

#2: Create a Detailed Holiday Schedule

A detailed holiday schedule is essential to avoid misunderstandings and conflicts. When creating your holiday schedule, consider the following:

  • Specify Dates and Times: Clearly outline the dates and times each parent will have the children during the holidays. Be specific to prevent any ambiguity.
  • Alternate Holidays: Consider alternating holidays each year. For example, one parent can have the children on Christmas Eve and the other on Christmas Day, then switch the following year.
  • Include Travel Plans: If there are any travel plans involved, include details about transportation, pick-up and drop-off locations, and times.
  • Account for Special Traditions: Acknowledge and respect each parent’s holiday traditions and incorporate them into the schedule where possible.

#3: Create a Legal Holiday Custody Plan

Having a court-approved parenting plan can provide clarity and enforceability when needed.

Even for the co-parents who have a relatively amicable relationship post-divorce, it’s still a good idea to formalize holiday custody arrangements in a legal document.

This ensures that both parties have a clear understanding of the agreed-upon schedule and reduces the risk of misunderstandings or conflicts.

Naughty Not Nice: When a Holiday Custody Plan is Not Working

If you and your co-parent have difficulty reaching an agreement on how the holidays should be handled, you may need to seek legal help.

Seeking legal help can be beneficial in a number of ways:

  • Expert Legal Guidance: A lawyer who specializes in Colorado family law can provide expert advice tailored to your unique situation. They understand the intricacies of custody laws and can help you navigate the legal system effectively.
  • Objective Perspective: A skilled lawyer can offer an unbiased perspective, helping to keep the focus on the best interests of the child rather than personal conflicts. They can help mediate discussions and facilitate constructive negotiations with your co-parent.
  • Court Representation: If a custody plan cannot be agreed upon and ends up going to court, a lawyer can represent you, presenting your case and ensuring that your rights and interests are protected. They can handle all legal procedures and filings on your behalf.
  • Reduced Stress: Navigating custody arrangements can be emotionally challenging. Having a lawyer by your side can reduce stress by handling the legal complexities and advocating for your interests, allowing you to focus on your child’s well-being.

Geigle | Morales: Helping Bring Peace to Your Holiday Season

Navigating child custody during the holidays can be challenging, but it doesn’t have to be stressful.

We understand the emotional and legal challenges that come with divorce and co-parenting during the holiday season. Our experienced family law attorneys are dedicated to helping you achieve a holiday season filled with memories by providing expert legal guidance and support.

Whether you need assistance with drafting a comprehensive holiday custody plan, modifying existing arrangements, or mediating disputes, our team is here to help.

We believe that the holiday season should be a time of peace for all of us.

Contact Geigle | Morales today for a consultation, and take the first step towards ensuring a harmonious and happy holiday experience for you and your loved ones

Photo of Attorney Phillip A. Geigle

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