The holidays are difficult for most people, but when they are mixed with uncertainty and resentment, people may become extra disengaged. During a divorce, parents often have concerns about how best to handle visitation with their child. In this blog post, the author tackles several common questions that spouses may have during custody agreement negotiations.
What Rights Do You Have During the Holidays?
If you are a spouse who is visiting someone during the holidays, there are some rights that you have. First and foremost, any holidays that fall during your divorce will be treated as contested holidays by the court. This means that both parties will receive equal time with their children on those days, regardless of whether they live together. If one party lives apart from their children on a contested holiday, they may still receive visitation if they can prove “extraordinary circumstances.”
Second, unless there is an agreement between the spouses regarding visitation rights for particular holidays, the court will usually order equal time for both parents with their children on federal holidays such as Memorial Day or Christmas. If one spouse has primary custody, they will usually get first right of refusal on weekends and evenings with their child during the weekdays.
Finally, it is always a good idea to agree on holiday visitation before getting divorced. This way, any disputes about custody and parenting time during the transition period will not end up in court.
What Happens During Holiday Visitations?
During holiday visits, it is essential to maintain a positive attitude and avoid conflict. While tensions may be lower during the visit, managing expectations and communicating honestly can still be challenging. Remember that each family has traditions and customs, which should be respected. Some general tips for handling a holiday visit during divorce include:
- Please arrive quickly and stay late if possible; please avoid coming in contact with any potential arguments or topics of contention.
- Communicate with your spouse as much as possible beforehand about your expectations, especially if there are any significant changes or adjustments you plan on making. This will help ease any tension or stress they might feel during the visit.
- Try not to bring up any past grievances or argumentative topics while on the visit; this will help create an atmosphere of calmness and peace instead.
How Many Holidays Can You Have Visitation?
If you are divorcing, there are a few things to remember regarding holiday visitation with your children. According to the laws of several states, each parent is responsible for seeing their children over the holidays, regardless of whether they live together.
This means that unless one parent can prove that they have a genuine need to be with the child on Christmas or Thanksgiving, the other parent will be granted full custody. In addition, when vacationing between Christmas and New Year’s Day, California law dictates that kids must also spend at least one night away from both parents.
Generally speaking, if your divorce falls within the statute of limitations (typically two years), then you can waive your right to holiday visitation without involving a lawyer. However, if your divorce is older or has not yet gone through the court system, it’s always a good idea to speak to an attorney about your specific case so that all potential issues are covered and no one gets tripped up in court.
When Does the Court Establish Child Support Transfer?
When a couple separates, the court will establish a child support plan in several countries. If one spouse leaves the state to avoid paying child support, the other can request the court to enforce the program. The Support Act allows a lump sum payment to be transferred directly to the non-paying spouse’s bank account or attorney general-approved escrow account. Non-payment of child support can result in wage garnishment, seizures of assets, and even imprisonment.
It’s that time of year again- visitation during a divorce. When deciding how you want to go forward with holiday visitation, it is essential to understand the laws in your state and what you are entitled to. This article provided an overview of each type of custody arrangement and shared rights and responsibilities when visiting your child during the holidays. By being familiar with the law in your area, you can make an informed decision about how you want to see your child during this particular time of year.