December 10, 2021
Who Gets the Kids During the Holidays?
Who Gets the Kids During the Holidays?
In California, who gets the kids during the holidays depends on several factors, including whether the parents can work together to form a visitation plan and any court-mandated rules that currently preside over their children’s visitation situation. Visitation is determined by how well the parents work together and agree on a fair plan. When parents cannot agree, court-ordered visitation controls the schedule.
Court-Mandated Visitation
Court-ordered visitation rules exist to ensure that a fair schedule for both parents and the children is established and followed. It is usually mandated by the court when parents cannot agree on a plan or one parent experiences circumstances requiring court intervention.
Several things a judge may consider include:
- The age of the children
- Children’s health conditions
- The emotional bond and history between the parents and children
- The parent’s ability to care for the children
- Any history of substance abuse or violence
- The parent’s living conditions
- The parent’s physical and mental health
- The children’s connections to home, school, and their community
- The judge’s intuition of what is best for the children
Keep in mind that court-mandated visitation rules are rarely set in stone. Often, they are fluid and changing with time, the children’s ages and maturity, and shifting lifestyles and circumstances.
Modifications may be made to the court-ordered visitation when there are significant changing circumstances to warrant the best change for the children and what fits their best interests. A motion must be filed with the court to make modifications along with any reasons or evidence to support a modification.
If parents fight, argue, or cannot adhere to the schedule, the court will step in to clarify the rules and set stricter guidelines. You will need to hire a Roseville CA family law attorney to represent you to ensure your rights are protected.
Court-Ordered Holidays
In California, when parents cannot agree on a holiday schedule, a judge will order the couple to adhere to the Children’s Holiday Schedule written by the court system. After the court orders this schedule, the parents must abide by it.
The form includes most common holidays, like July 4th and New Year’s Eve. It also allows for religious celebrations and other holidays meaningful to the families. This way, the court divides the time between parents and their children as it sees fit.
Holiday Parenting Plans
A holiday parenting plan is created by two parents working civilly together to shape a visitation schedule to suit their desires, needs, and those of their children. The court does not administer it. Instead, it is a mutual agreement between the parents.
Holiday parenting plans are the best option for the parents and children as they allow for ease of personally customized modification. When the plan is clearly communicated, it reduces stress and anxiety while giving the children an idea of what to expect without intense emotions.
Types of Holiday Parenting Plans
- One-Day Holidays
- Multiple-Day Holidays
- Federal Holidays
- Children’s Birthdays
- Parents’ Birthdays
- Parenting Plan with Alternating Holidays
Contact Manzoor Law Firm for Help with Your Holiday Visitation
The California child custody attorneys at Manzoor Law Firm can help with your holiday visitation with your children. Whether you are on a court-mandated schedule or wish to create a holiday parenting plan, we can assist you. Our California child custody attorneys are experienced in all matters regarding family law. Our firm is the best choice when it comes to protecting your family.
Contact our friendly Roseville Child Custody Lawyers today to schedule your consultation.