How do you split holidays when co-parenting? How do you actually do it in Michigan? How do you handle Christmas, New Year’s, and Christmas Eve? The vast majority of circuit courts have a model or policy for the parenting time schedule. Parents are free to use and abide by it. The choice is all up to the parents. Your family’s dynamics will really determine this.
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Christmas holidays are prioritized by the majority of households. It might be best to switch up the holidays. similar to alternating between odd and even years for Christmas gatherings. If the children are still young enough, this is excellent. In the teen years, one parent may not be able to celebrate Christmas and may be forced to make do with having the children on New Year’s Eve.
Due to shared custody, having to miss holidays with your child can be a difficult reality to accept. However, by properly preparing a parenting plan, you can still be present for the major holidays.
What Does the Law Say About Holidays and Parenting Time?
In Michigan, a child has the right to parenting time with each parent unless a judge finds that the child’s physical, mental, or emotional well-being would be jeopardized. It is generally in the best interests of a child to have parenting time in a frequency, duration, and type that fosters a strong bond between a child and parent, according to Michigan law more specifically MCL 722.27a(1).
To come up with a fair and more standardized template for setting parenting time a set of guidelines were put together by the Michigan Supreme Court. It was to be a guide for parents, court personnel, and professionals providing services to families.
MCL 552.519 mandates the Friend of the Court Bureau of the Michigan Supreme Court, State Court Administrative Office, to create publications to aid each friend of the court office in performing its obligations. The Michigan Parenting Time Guideline was released in 2000 with the goal of educating the general public and professionals, such as court personnel who assist parents in creating parenting time plans, and good parenting practices.
The most recent edition of this parenting time guideline was published in February 2021 and updated in March 2022.
Is there a Standard Co-parenting Schedule for Holidays?
In Michigan, family courts hold that, wherever possible, a child’s best interests are served by maintaining a positive relationship with both parents. As a result, noncustodial parents typically receive fair parenting time rights. The court has a typical holiday schedule that permits both parents to spend time with their children on special events, such as birthdays and holidays like Thanksgiving and Christmas Day if you and your co-parent are unable to come to an agreement.
When people discuss a typical visitation schedule for holidays, they most often mean the FOC’s (Friend of the Court) typical holiday schedule.
Parenting time standards are set by the State of Michigan, Macomb County, and numerous other counties. The “best practices” outlined in these recommendations hold true for both typical workday and weekend routines as well as vacations, school breaks, and other special occasions.
There are numerous choices for allocating the holiday time a child spends with each parent in the proposed parenting time schedules provided by Macomb County. The recommendations suggest parents divide up the following eight well-known holidays, in addition to specifying a child spends Mother’s Day weekend with the mother and Father’s Day weekend with the father:
- [ a ] Labor Day
- [ b ] Memorial Day
- [ c ] Fourth of July
- [ d ] Halloween
- [ e ] Thanksgiving
- [ f ] Easter Sunday
- [ g ] Christmas Eve
- [ h ] Christmas Day
Four of the eight annual breaks should be used by both parents to spend time with the children, with the holidays switching each year. Therefore, if a child spends Labor Day, Christmas Eve, Memorial Day, and Easter Sunday with their father, they will both spend the Fourth of July, Halloween, Thanksgiving Day, and Christmas Day with their mother.
It is also possible for parents to switch off on winter and summer vacations. A noteworthy example is currently the 16th Judicial Circuit Court General Parenting Time Schedule.
Here’s an example of how to split parenting time during holidays:
- [ a ] Thanksgiving: Starting at 6:00 pm on Wednesday and running through 6:00 pm on Friday, the mother will have the children for Thanksgiving in odd years, while the dad will have them in even years.
- [ b ] Winter break: In even years, the mother will be with the kids for the first half of the break, whereas in odd years, the dad will be with the kids for the first half.
- [ c ] Winter break: During the second half of the break, the mother in odd-numbered years will spend the holidays with the children, while the father will have the kids in even-numbered years.
- [ d ] Christmas Eve: Starting on the 23rd of December at 6:00 pm and finishing at 6:00 pm on the 24th, the mother will have the children for Christmas Eve in even years, while the father will have the children for Christmas Eve in odd years.
- [ e ] Christmas Day: Starting at 6:00 p.m. on December 24 and lasting through 6:00 p.m. on December 25, the mother will have the children for Christmas Day in odd years, while the father will have them in even years.
These particular guidelines are not a requirement of you or the other parent of your child. Working up a unique parenting time arrangement and submitting it to the court for approval are both options you have. You can handle other significant events, such as holidays, cultural celebrations, and religious occasions that are unique to you and your family, in a settlement that is tailored to your needs.
What Happens if We Can’t Agree on the Holiday Parenting Time Schedule?
If you and your ex can’t come to an understanding on a holiday parenting time schedule, you might need to submit a motion in the court where your judgment was issued to ask for clarification or to find a specific holiday parenting time schedule that works best for your family. You and your ex should establish a clear timetable for holiday parenting time as soon as possible so that there is no ambiguity going forward. This will enable both of you to better plan for these holidays in the future.
A “motion regarding parenting time” is what is utilized to file a parenting time dispute in Michigan, and these motions are filed in the local county courts where your initial judgment was approved.
There are several times during the year when you’ll want to be with your children but they have plans with your ex. Negotiations are an essential part of the divorce process, and your attorney can help you develop and propose a fair parenting time arrangement or plan.
The most important thing to grasp is that the plan must be carried out once it has been developed. Consistency is essential both legally and for your children’s welfare. Because they will rely on this plan just as much as you do, they will be better able to manage their daily life if they know where they will be and who they will be with each week.
You may want to read about parenting time schedule in our article, “How To Establish A Visitation Schedule Hassle-free In Michigan” about approaches to setting parenting time schedules.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.