16th Dec 2022

Common Family Law Questions Asked During the Holiday Season
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The holidays are a time of celebrating together with families and loved ones. A time of memory making but they can also be very busy and exhausting. While we strive to make the holiday season special, not all families are the same and some may struggle during the holidays, especially a family that has recently been divorced. Here are a few common questions regarding unique issues that may arise during the holidays for divorced families.

How do you fairly divide time with children after a divorce?

One of the most common ways to handle sharing time during the holidays is putting in place an alternating schedule. The way that the holiday parenting time will be shared will be included in the consent judgment of divorce. An alternating holiday schedule allows parents to have parenting time with their children every other holiday. For example, the mother having the children for Thanksgiving and the father having Christmas, with the schedule being reversed in the following year so that father will have the children for Thanksgiving and not for Christmas.

It is important to figure out which holidays are most important to the mother and father. If both parents insist that they want to have the children for part of the day instead of alternating the holiday, that is an option in some cases. It is important to think about how splitting the holiday between the parents may affect the child or children, as splitting the actual holiday can be stressful in some situations, especially when substantial travel is involved, or the child or children are very young.

If the parents are unable to come up with a holiday schedule, some counties have a standard holiday schedule to follow as a default. An example is as follows:

The mother will have the following holidays in the even number of years:

  • Children’s Birthdays
  • Easter
  • Fourth of July
  • Thanksgiving
  • Christmas Day-Noon to noon the following day

The father will have the following holidays in the even number of years:

  • Memorial Day
  • Labor Day
  • Christmas Even: Noon to noon the following day
  • New Year’s Day

The mother will have the following holidays in the odd number of years:

  • Memorial Day
  • Labor Day
  • Christmas Eve: Noon to noon the following day
  • New Year’s Day

The father will have the following holidays in the odd number of years:

  • Children’s Birthdays
  • Easter
  • Fourth of July
  • Thanksgiving
  • Christmas Day-Noon to noon the following day

Holiday parenting time supersedes regular parenting time. This means that the parent whose regular parenting time is interrupted because of the other parent’s holiday parenting time does not get their parenting time made up. After the holiday parenting time is over, the regular schedule picks up where it left off before the holiday parenting time commence.

Can child support payments be put on pause if you’re spending more time with your kids during the holidays?

You might think that because you are spending more time with your children during the holiday season, or spending more money on them because they are with you, that you would be able to suspend your child support payments. However, this is not the case. The holiday time spent with each parent is already factored into the number of overnights to each parent that provides the basis for calculating the child support. Child support payments are court ordered, so you should continue to make those scheduled payments to avoid contempt of court proceedings.

Do Grandparents and other family members have visitation rights over the holidays?

It is common for grandparents and other family members to want to spend time with all their family during the holidays. However, it is ultimately up to the parents’ discretion and the custody agreement that they set with the court. In Michigan, grandparents do not have automatic rights to visit with their grandchildren over the holidays.

What happens if the mother or father violates the custody agreement during the holidays?

There can be situations where one parent violates the custody agreement during the holiday season. When this happens, it can be just because of a misunderstanding or in some cases it can be intentional. Depending on the circumstances surrounding it, it could be just a conversation to address the issue or it could be something that requires court involvement. It would be wise to stick with the schedule that is set so the children do not suffer any consequences from the parent’s actions.

Is it ok to travel out of state during the holidays?

Traveling out of state with the children during the holidays is determined based on the custody and parenting time agreement in place. You may need to get permission from the other parent in order to do so, or at a minimum, notify the other parent if the children will be traveling away from a parent’s home. To avoid complications, if it is a component of your parenting time agreement to provide the other parent with notice of travel and the itinerary, it is advisable to provide that information as soon as plans are made, not at the last minute.

It is very important when it comes to holiday parenting time with the children to follow the schedule that you have agreed to in your judgment of divorce. Co-parenting can be difficult, but it is imperative to remember that keeping things as peaceful and smooth as possible will be the best for the children involved.

Written by Monica Rossi Baylis

Michigan Parenting Time Guideline

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