Holiday vs. Regular Visitation Rights

Having consistent, regular access to your children is one of the hardest parts of a divorce. What used to be called “visitation” for the non-custodial parent is now called “parenting time.” Typically, in a divorce decree there is a “parenting plan” that sets the schedule for custody. This parenting plan will cover regular schedules as well as holidays. It is the objective of the court to ensure that the parents are both taking into account the best interest of the children when setting up the schedule. The goal is for the children to feel safe, secure and loved.

Regular Visitation

Part of the divorce proceedings include the parents agreeing to custody and parenting time. If they cannot come to an agreement, the Court will decide these issues for them. What is known as “regular” parenting time in the plan is the weekly schedule. The parenting schedule will assign specific days for each parent during the week. If the parents are awarded joint physical custody, some children will alternate weeks or portions of the week. If one parent is granted sole physical custody, an every other weekend and one day during the week is typical for the parenting plan.

Holiday Parenting Time

The holiday parenting time in the parenting plan is the schedule of how holidays will change the regular parenting schedule. Having the holidays mapped out in your divorce decree makes it easier for the child to know what to expect for the upcoming events. Typically speaking, Christmas, New Year’s Day, Labor Day, Thanksgiving Day, Memorial Day and July 4th are addressed in the Parenting Plan. The Holiday Parenting Plan will supersede the Regular Parenting Plan.

Other Holidays

Some parents opt to include their children’s birthdays in the holiday schedule. Some also include their own birthdays as well as Mother’s Day and Father’s Day. It is also important to consider other events like Spring Break, Fall Break and extended holidays. Some parents choose to allow their children to celebrate the same holiday twice so as to not “miss out” on spending it with the other parent.

Every family is different and everyone’s circumstances are unique. Having a set schedule that you can agree upon will allow for peaceful transitions for your children and their best interest will be taken into account.