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Thursday, January 31, 2013


The holidays can sometimes be a difficult time of year when it comes to child custody.  Each parent wants to have their child on the actual holiday.  One party may want Christmas Eve, while the other party wants Christmas Day.  This can make it difficult for one of the parties whom has family out of town.  What do you do? 

A good rule of thumb is to firm up holiday plans each year by November 1st.  Confirm each party is in agreement of what the holidays will look like.  In the event, the two of you can't agree contact your lawyer by mid November so there is an opportunity to potentially work things out without the need for a hearing.  It's best to enter into an order so that each year the holiday schedule will already be in place.

In most instances one parent will have Christmas Eve and one parent will have Christmas Day.  Perhaps you may want to agree to an alternating schedule with one parent having both Christmas Eve and Christmas Day one year and the other parent having both the following year.  This will enable travel plans with your child to happen, etc..  On the off year you can celebrate the holiday with your child on a different day.  I don't know many children that would mind having a second Christmas. 

Written by Dawn Miller

For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/ --

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