The holidays always reveal many family law issues. From visitation to child support payments to issues regarding travel, Thanksgiving and Christmas are typically very stressful times for many families. A typical divorce order where one parent is designated the primary custodian will usually specify the non-custodial parent’s holiday visitation schedule, but problems still arise.
If the parties can agree, the best course of action is to communicate and work out a holiday visitation schedule that everyone can follow. If one party wants to modify a divorce order or agreement and the other party objects, they will have to petition their local court to modify it. This is time-consuming and expensive, with no guarantee that a judge will modify the order. Another alternative if the parties cannot work something out among themselves is to hire lawyers to facilitate an agreement out of court. Our office has several cases right now where the parties either cannot afford to go to court, or have no desire to, and they have hired lawyers as informal mediators to try and work out an arrangement.
As with any other post-divorce or custody issue, the order or agreement is the blueprint for holiday visitation issues. If you have further questions in this area or need to speak to an attorney, call my office for a free consultation. (205) 988-5570.