How does child visitation work during the holidays?
Dec 04, 2020
Child visitation during the holidays can differ from the usual schedule. It’s important to understand in advance what to expect. The New York City family attorneys at the Levitsky Law Firm explain how child visitation works during the holidays:
The schedule is the same unless stated otherwise
The general rule for how child visitation works during the holidays is that it is the same as it always is unless the current court order states something different. The court order that is in effect is what determines how child visitation works during the holidays. If there is no special provision for holidays, the typical schedule continues as normal. If a child typically has visitation with a parent on Mondays, they still have visitation with that parent on Mondays, for example.
It’s common for holiday child custody schedules to vary
However, for New York City child custody cases, it’s common for there to be a separate holiday schedule. The parents might alternate holidays by year. Alternatively, a child may travel to visit a parent that lives out of town for several days. Unless the parents agree otherwise, go by what the court order says for holidays. The court order may state specific days, times, and even arrangements for transportation that the parties must follow.
Parents can make other agreements in writing
Parents can agree to alter the child visitation schedule that’s in effect. If the parents agree in writing, they can agree to do something other than what the court order says. However, the arrangement must be in writing to be enforceable. It does not need to be signed by a judge. Even a text message or email confirmation is sufficient. Both parents must agree on any changes. If they do not agree, then both parents must follow the court order as it is written.
You may work with a divorce mediator or family law attorney to negotiate a customized holiday parenting schedule. In some cases, visitation schedules need to be highly specific, while in others, a more flexible arrangement may be appropriate. The Levitsky Law Firm can help you understand your rights and pursue a parenting schedule that serves the best interests of your children in New York City.