Many co-parents are familiar with the questions raised by the holidays, like where your child will spend their break from school, who will care for them while you or your co-parent is at work, and many more. Before booking travel or accepting invitations, review the holiday provisions in your parenting plan. It’s essential to have a concrete plan and understand the details before the holidays arrive. This year Thanksgiving falls on November 26, and Christmas Day and New Year’s Day both land on a Friday.
When parents with minor children divorce, the court is required to enter an order including a parenting plan with a timeshare schedule among other things. Unmarried parents need a court-ordered Parenting Plan as well, regardless of whether the father’s name appears on the birth certificate. A paternity action is the proper vehicle for obtaining a Parenting Plan which meets the specific requirements of Florida Statute 61.13. Holidays often follow a different schedule from the regular week.
What a Florida Parenting Plan Must Include Section 61.13(2)(b) says a parenting plan approved by the court must include the time-sharing schedule. Holidays are part of that time. Section 61.046(23)
says the schedule must specify the time, “including overnights and holidays, that a minor child will spend with each parent.”
Equal Time-Sharing and the 2023 Change Since July 1, 2023, Section 61.13(2)(c)1. has said “there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child.” Parents can still agree to a different schedule. To rebut the presumption, a party must prove by a preponderance of the evidence that equal time-sharing is not in the child’s best interests.
The guiding principle in devising a timesharing schedule is the best interest of the children, not the parents. Equal time over the year does not necessarily mean every holiday is split down the middle.
Planning for Thanksgiving, Christmas, and the New Year
What will be your plan regarding holidays and vacations? There is no “typical” parenting plan, and while family courts in many jurisdictions have created templates, every family dynamic is different.
Some families alternate the whole Thanksgiving holiday in even and odd years, while others split the longer winter break. You could also consider the health and overall well-being of minor children, and keep their yearly holiday traditions in place. As an example of a split, a plan might give one parent the first half of winter break in even years and the second half, including New Year’s Day, in odd years.
Check when each holiday period begins and ends, down to the day and hour. It’s wise to remember, however, that delays can and do occur. Traffic or construction slowdowns could cause either parent to arrive late picking up or dropping off the children.
The plan must also, “Unless otherwise agreed to by both parents in writing, designate authorized locations for the exchange of the child.” Who drives, and who pays for a flight, should be settled before the week of the holiday. A
parenting plan should include provisions that cover timesharing, school designation and transportation costs, among other things.
It is also important to stay up-to-date with the school calendar so that you and your co-parent can make informed, current decisions for your co-parenting plan, especially if winter break is tied to the first and last days of school.
Holiday Travel and Relocation
There are many reasons why people travel to another part of the country over the holidays. Florida law defines relocation as one parent moving 50 miles or more from his or her principal residence for a period of at least 60 consecutive days. Temporary changes are not considered in this definition of relocation. Section 61.13001(1)(e) excludes “a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.”
Some plans require notice, an itinerary or written consent before a child travels out of state. How will communication (email, phone, text) be maintained while the children are with the other parent?
The Court-Ordered Plan Governs
As the holidays approach, it’s essential that both parents strictly adhere to any court orders concerning child time-sharing and visitation. If you need clarification on terms or potential outcomes, reach out to a lawyer who is well-versed with divorce and family law matters. A parenting plan approved by the judge is enforceable by the contempt power of the court, if either parent does not comply with the terms.
Section 61.13 acknowledges that the parent who tries to facilitate a relationship with the other acts in the best interest of the child. One factor the court weighs is each parent’s capacity “to honor the time-sharing schedule, and to be reasonable when changes are required.”
When a parent refuses to honor the time-sharing schedule without proper cause, Section 61.13(4)(c) calls for make-up time. It is scheduled “at the expense of the noncompliant parent.” There are many possible consequences beyond that, including a contempt of court.
Changing a Holiday Schedule
Once your divorce or paternity action is final you may think you will never have to re-visit those issues again. The fact is, that as time marches on, some provisions of the final judgment may need adjusting due to changing situations. A court’s determination of parental responsibility or a parenting plan may not be modified without a showing of a substantial and material change in circumstances. The court must also find that the modification is in the best interests of the child. In short, the change required to modify a parenting plan must be significant.
A one-time trade of Thanksgiving may work between cooperative parents if you confirm the dates, times and exchange details in writing. Still, you may want to keep relevant and appropriate records to avoid future confusion or accusation. An informal trade does not change the court order itself. The parents may agree to a lasting change and file a written agreement with a new timeshare schedule, which takes effect once the court approves it.
Many contested family law cases resolve by informal or formal mediation. Where children’s issues are involved, the parties can use the opportunity to develop a customized parenting plan that works for their particular circumstances.
Keeping the Holidays About the Children
Remember that your children are extremely sensitive during a divorce. Children benefit from safe, steady relationships with the people who love them. They want to know what to expect day to day. They do not want to take sides or mediate adult disputes.
It is always wise to communicate about the children in a respectful manner by text or email. Confirm exchange times a few days ahead, and do not ask the children to carry messages. Don’t talk about your former relationship when the children are present. Avoid “grilling” kids when they arrive back from time spent with your former spouse. That said, leave discussions about what the law is to conversations with your own attorney.
Are there restraining orders or other legal provisions in place that could affect your co-parenting plan? If there is an injunction or a safety concern, the court’s orders control over any of the advice above. In some cases the court may require exchanges at a neutral safe exchange location. It may do so if it finds “a risk or an imminent threat of harm to one party or the child during the exchange of the child.”
How Rice Law Firm Can Help
Rice Law Firm can help you interpret an existing parenting plan, sort out unclear holiday terms or discuss whether a modification is appropriate. If you need legal advice concerning a divorce or family law matter, you can reach Paul Rice at our Daytona Beach office at 386-257-1222. He is board certified by The Florida Bar in marital and family law, and Rice Law Firm has been helping Volusia County families since 1983.
This article is for general information only and should not be construed as legal advice.