California Child Visitation Holiday Schedule: How to Plan and Avoid Conflict

Posted October 28, 2024

The holiday season can bring added stress to families already navigating child visitation schedules. For parents sharing custody in California, and who do not yet have court orders, planning a holiday schedule is crucial to ensure that the children can spend time with both parents while avoiding conflict. In this article, we’ll cover how to create a visitation plan that works for everyone, what California law says about holiday custody arrangements, and common challenges parents face during this time of year.

What Is a Holiday Visitation Schedule?

A holiday visitation schedule is a detailed plan that outlines which parent will have parenting time with the child during major holidays like Thanksgiving, Christmas, New Year’s, and other special occasions. These schedules can alternate holidays each year, split the holidays between parents, or follow any arrangement agreed upon by both parties. In most cases, the holiday schedule overrides the weekly parenting schedule and the parents and children return to the weekly parenting schedule when the holiday time is complete.

For example, Parent A has weekly time every Wednesday and Thursday. The parents alternate weekends from Friday to Sunday. Halloween 2024 falls on Thursday. Parent B is assigned Halloween 2024 from 3pm to the following day at 8am. In this scenario, Parent A will have parenting time on Halloween only until 3pm. If Parent A’s alternate weekend starts the day after Halloween, the child will be returned to Parent A on Friday morning. Otherwise, Parent B will retain the child until Sunday.

Types of Holiday Visitation Schedules:

Alternating Holidays: One parent has the child on Thanksgiving in odd-numbered years, while the other parent has them in even-numbered years.
Splitting the Holidays: Parents divide holiday time (e.g., one parent has the child on Christmas Eve, and the other has them on Christmas Day; or they split the first and second half of each day).
Fixed Holiday Schedule: The same parent has custody for specific holidays each year.

Creating a fair and detailed holiday visitation schedule in advance helps minimize conflicts and ensures the children can enjoy time with both parents.

California Laws Governing Holiday Visitation

In California, child visitation schedules, including holiday arrangements, fall under the state’s family law system. When parents can’t agree on a schedule, the court may step in to create a holiday plan based on what’s in the best interest of the child. This often depends on factors like the child’s age, school schedule, and relationships with each parent. If a prior plan is in place that requires updating, the court will review the current plan and make adjustments if the court believes the adjustments serve the child’s best interests. If court is required to make a parenting plan, best practice is to make a request as soon as possible because the court hearing will often be a few months away, potentially after the holidays in dispute.

How to Create a Holiday Visitation Schedule

When planning a holiday schedule, communication and flexibility are key. Parents should discuss their plans well in advance of the holidays, taking into consideration both the children’s needs and their own.

Common Challenges for Co-Parents

Balancing Extended Family Visits: Parents often have to factor in time with extended family, which can complicate the schedule.
Travel Plans: If one parent lives far away or plans to travel during the holidays, they may need additional time with the child.
Last-Minute Changes: Unexpected events can disrupt plans, so having a flexible and clear schedule is essential.

Further Reading » Child Custody in California: Understanding ATROS and Relocation

Tips for a Smooth Co-Parenting Holiday Plan:

Start Planning Early: Begin discussing holiday plans as soon as possible to allow time for any necessary adjustments.
Be Flexible: Try to accommodate each other’s needs and make compromises when necessary.
Consider the Child’s Preferences: As children get older, they may have preferences about where they want to spend their holidays. Consider involving them in the planning process, when appropriate.

If parents cannot agree on a schedule, they may need to go through mediation or seek a court order to resolve the issue.

Modifying an Existing Holiday Schedule

Over time, circumstances may change, and a previously agreed-upon schedule may no longer work. Whether it’s a job change, a move, or changes in the child’s schedule, parents can request a modification of the holiday visitation plan through the court. To modify an existing schedule, you will need to be required to meet a specific burden to justify your request.

Common Visitation Issues During the Holidays

Handling Custody Disputes Over Holidays

Disagreements over holiday visitation are common, but they don’t have to escalate into major conflicts. If you and your co-parent can’t reach an agreement, consider mediation as an option. A neutral third party can help you resolve disputes and create a plan that works for everyone involved.

Managing Extended Family During Holiday Visits

Parents may need to navigate conflicts involving extended family members, such as grandparents or step-siblings. Open communication and a well-structured holiday plan can help prevent these issues from causing tension. It’s also important to keep the child’s best interest in mind and avoid exposing them to conflict during family gatherings. A well crafted parenting plan helps reduce the opportunity for conflict during the holidays.

FAQs: Common Questions About Holiday Visitation in California

Can I modify my holiday visitation schedule?
Yes, you can request a modification if the circumstances indicate the change is in the child’s best interest. This is an area of discretion for the court – different judges may have differing opinion on what schedule is in the child’s best interest.
What if my co-parent refuses to follow the holiday visitation schedule?
You can file a motion with the court to enforce the existing visitation order or request a modification if necessary.
How can we avoid holiday custody disputes?
Open communication, early planning, and mediation can help you avoid disputes. Always keep the child’s best interests in mind.
Can holiday schedules be part of the parenting plan?
Yes, holiday visitation schedules are typically included in your parenting plan and submitted to the court for approval, if not already a court order.
What if holiday visitation conflicts with other family commitments?
Parents should discuss and agree on how to handle any overlapping commitments well in advance to avoid last-minute conflicts.

Final Words

Planning a holiday visitation schedule in California can be challenging, but with clear communication and a focus on the child’s best interests, parents can create a plan that allows everyone to enjoy the holiday season. If you need assistance with creating or modifying a holiday visitation schedule, or if disputes arise, it’s important to consult with a family law attorney to ensure your rights and your child’s best interests are protected.

At Naimish & Lewis, APC, our experienced family law attorneys can help you navigate child custody and visitation issues, including holiday schedules. Contact us today to schedule a consultation.

Child Visitation

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.