Who Gets the Kids for the Holidays? What to Settle Before You Say Yes

“You take Thanksgiving, and I will take Christmas.” That may sound like a complete holiday parenting plan. It leaves a lot unanswered. Does Thanksgiving begin after school on Wednesday or on Thursday morning? Who handles transportation? What happens to the regular weekend immediately afterward?

Those questions are easier to address before plane tickets are purchased, relatives make plans, and your child is expecting a particular celebration. Before you agree to a holiday schedule, read it as a set of instructions someone should be able to follow without another negotiation.

Read the existing order first

Start with your current custody order, divorce judgment, and any parenting agreement incorporated into it. Read the holiday, vacation, and regular parenting provisions together. Check for language explaining which schedule controls when dates overlap.

Do not assume that holiday time automatically replaces a regular weekend, that a school break belongs to the parent who has the holiday, or that the same arrangement applies every year. Your documents may address those questions differently. If the provisions conflict or leave a gap, ask your attorney to review them before you commit to a different plan.

Define when each holiday begins and ends

“Christmas with Dad” does not explain whether that includes Christmas Eve, an overnight, or the entire school recess. Use specific dates and times. If the arrangement alternates each year, identify who receives each holiday in odd and even years.

For example, a proposed Thanksgiving period might run from school dismissal on Wednesday until Sunday at 6 PM. Another family may prefer a shorter period. The point is to define the block that works for your child, then check its effect on the rest of the calendar. This example is a planning illustration, not language to substitute for an existing order.

Map the surrounding weekends and school break

Place the proposed schedule on your child’s actual school calendar. Include early dismissals, school closure days, religious observances, and the first day back. Children attending different schools may have different breaks.

Next, add the regular parenting weekends. A holiday arrangement can create several consecutive weekends with one parent or an extra exchange that nobody anticipated. Discuss whether the regular rotation continues unchanged and exactly when the child returns to the usual schedule. Any different arrangement should be consistent with the governing order or properly addressed with counsel.

Decide who handles each exchange

Name the pickup and drop off location, the responsible adult, and who provides transportation. In New York City, “after dinner” can become a substantial disagreement when one parent expects a school pickup and the other expects a trip across boroughs during holiday traffic.

Consider whether a school exchange is available, whether a neutral location is appropriate, and how the parents will communicate about a delay. Where an order requires supervised contact, a particular exchange arrangement, or restrictions on communication, the holiday plan must account for those requirements. Do not assume the holiday creates an exception.

Resolve travel before buying tickets

Review any travel notice and consent provisions before making a reservation. Discuss the destination, travel dates, itinerary, emergency contact information, and who will pay for the child’s transportation. For international travel, address passports and any required permissions well in advance.

A flight schedule should also leave room for delays and the child’s return to school. Do not assume the other parent has agreed because you sent an itinerary or already paid for the trip. If travel is disputed or the order is unclear, obtain legal advice before committing to nonrefundable plans.

Include medication and other daily needs

The schedule should work for the child’s actual needs. Discuss medication handoffs, written allergy instructions, necessary supplies, and any appointments that fall during the holiday period. A child should not arrive for several days away without essential medication or the information needed to use it properly.

If a call or video call with the other parent is appropriate, choose a reasonable time and duration that fit the child’s activities. Address how the call will happen without turning the celebration into a series of check ins. Follow any existing provisions concerning contact.

Be specific about swaps and changes

If the order permits changes by agreement, confirm the exact dates, times, and transportation arrangements in writing. State whether the change applies only this year and whether any make up time is part of the arrangement. Avoid “we will work it out later” when you already know the details matter.

A text or email exchange does not automatically modify a court order. Ask your attorney what your documents permit and whether a stipulation or court approval is needed, particularly for an ongoing change. If a court is asked to modify custody or parenting time, changed circumstances and the child’s best interests are central considerations.

When you cannot reach an agreement

Send a focused proposal that identifies the unresolved issue and offers a workable option. For example, explain that the disagreement concerns the Sunday return time rather than reopening the entire holiday schedule. Keep a copy of the proposal and the response.

If an order already addresses the issue, review it with your attorney before treating the dispute as a new negotiation. If there is no order, obtain advice about establishing an arrangement. Do not promise your child a trip or ask the child to persuade the other parent while the adults are still working out the schedule.

New York courts decide custody and parenting time according to the child’s best interests. There is no single holiday arrangement that fits every family. The child’s needs, travel demands, and the family’s circumstances matter more than producing a calendar that looks perfectly equal.

Where threats, domestic violence, or safety concerns are involved, discuss them with your attorney before proposing direct contact, shared celebrations, or informal exchanges. A practical plan must account for safety and any existing protective orders.

Before you say yes

Read the proposed schedule once more and ask whether you can identify the exact start and end of each period, where the child will be, how exchanges will work, and when the regular schedule resumes. Then check that it fits the governing documents.

You do not need to anticipate every possible inconvenience. You do need enough detail that an ordinary scheduling question does not require a fresh argument. Addressing the gaps now gives your child a clearer plan and gives you time to seek legal advice if something remains unresolved.

If you are negotiating a holiday parenting schedule or need advice about an existing custody order, Joleena Louis Law can help you evaluate the provisions and your options. Schedule a case strategy session to discuss your circumstances.

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General information about New York law. This article is not legal advice and does not create an attorney-client relationship. Attorney Advertising.

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