Skip to main content

Dividing Christmas Holiday Parent Time

Christmas Holiday Parent Time is the most confusing of all holiday parent time. This article will help you understand how to determine who gets time when, and how long it should last.

1. When does Christmas Holiday Parent Time begin and end?

The answer to this question is simple, but you wouldn't think so based on how many statutes you have to read. The simple answer is that Christmas break, for purposes of parent time, begins the day they get out of school for break, and ends the evening before they go back to school.

2. How Long is the Break for Parent Time Purposes?

For the purposes of parent time, you start counting from the day they get out of school and count all the way to the day before they go back. This is the total amount of days, and is an important number to help you determine how long and when each parent should exercise parent time.

3. How Long Is Each Parent's Chunk of Christmas Holiday Parent Time?

Once you have the total number of days, divide it in half. If it's an odd number, round up for the purposes of determining when the trade off will be (IE, if your total days are 13, round up to 14, then count out 7 days. The 7th day is the exchange day). If there is an even amount of days, the exchange happens at 1 PM on the first day of the other parent's half of the parent time. If there is an odd amount of days, the exchange occurs at 7 PM. Please see the following example for the year 2016, with Christmas Holiday Parent Time beginning on the 21st (Also know that this example assumes the custodial parent for parent time purposes is the custodial parent throughout the year).

 christmas-holiday-parent-time 

4. What Parent Gets Christmas?

Perhaps the most important question to you. The custodial parent gets Christmas Eve and Day during even years. The noncustodial parent gets the holidays during odd years. Whether you are the custodial parent depends on your decree. If it is not explicitly stated, the parent with the most custody during the year is likely the custodial parent for purposes of holidays.

5. Decide for Yourselves!

Although there is a statute that tells you when and how Christmas should go, you can and should decide for yourselves on what works best for you. There is no decree police who will be checking in on you to make sure you are following it. Parents who can agree to their own schedules independent of the decree or the statute tend to have less litigation and less stress during the holidays. If you can't agree, at least you have the statute to fall back on.

Comments

Popular posts from this blog

5 Tips When Charged With a Misdemeanor

If you were recently charged with a misdemeanor, a court date is not far behind. Speaking in court is intimidating, and you may do something you regret. These tips are designed to put you on the right path to help you get the best deal possible. People have come to me in the past and told me that they wished they had known these things before they plead guilty to their misdemeanor. Before the next court date, consider these tips to help you. 1. Consider Not Pleading Guilty When you first go to court, it's called an arraignment. You will have an opportunity to plead guilty at that hearing to terms set by a judge or a prosecutor. You don't need to plead guilty. If you plead not guilty, the only thing that will happen is that they will set a pre-trial conference. This will give you time to either hire an attorney or further consider your options. It may also get you a better deal. In Utah, speeding tickets are misdemeanors. When you show up for court, you will be asked to plead …

How to Set Aside a Decree

You can set aside your divorce or custody decree shortly after its signed. This process is complicated, and you should consider speaking to an attorney. For your personal information, however, the following information can help you decide if you need to set aside your decree. There is a Typo or Some other Error in the Decree If you receive your decree and there is a typo or error in the document, you may have grounds to have the decree set aside. If a crucial part of your decree is missing, or says something different than you had agreed, you can have the court make a correction through motion. I Made a Mistake or Found Something Out Too Late A mistake in judgment may be enough to set aside your decree. However, this does not guarantee success, and your mistake will need to be a significant one. Feeling bad about your decision is not enough. If you have more questions, you should speak to an attorney about your situation. If you are surprised by some new fact after your decree was sign…

How to Modify Your Divorce Decree

If there has been a substantial change in circumstances, you may have a case for decree modification.  This process can be a big waste of resources and time if you don't plan carefully. You may also want to consider whether you can solve the problem through mediation. Decree Modification Requires a Substantial Change in Circumstances You must show that there is a substantial change in circumstances. This is perhaps the most important preliminary question to consider. If your divorce decree is only a few months old, it is unlikely that the court will find there was a substantial change in circumstances. Your case will be much more difficult to prove the sooner you bring it after your divorce is finalized. There may be a situation, however, in which a substantial change in circumstances has occurred, even though a small amount of time has passed. If you are in doubt, you should consult with us or another attorney to determine the strength of a decree modification. Here are some exam…