How Are Holiday Custody Schedules Determined in New York State?

The holiday season should be a time of joy and celebration for children, but for divorced or separated parents, it can become a source of stress and conflict. Understanding how holiday custody schedules are determined in New York State can help you navigate this challenging aspect of co-parenting and ensure your children enjoy meaningful time with both parents during special occasions. In this blog post, a Syracuse child custody attorney explains what you need to know.

The Best Interests of the Child Standard

In New York, all custody decisions, including holiday schedules, are guided by one fundamental principle: the best interests of the child. Courts consider numerous factors when determining what arrangement will best serve a child's physical, emotional, and developmental needs. This same standard applies whether you're establishing an initial custody order or modifying an existing one to address holiday visitation.

Creating Your Holiday Schedule: Agreement vs. Court Order

Most holiday custody schedules in New York are established in one of two ways:

Parental Agreement: The preferred method is for parents to work together, either directly or through their attorneys or a mediator, to create a mutually agreeable holiday schedule. When parents can collaborate on this issue, they have the flexibility to craft arrangements that reflect their family's unique traditions, religious observances, and logistical realities. Courts generally encourage this approach and will incorporate agreed-upon schedules into custody orders.

Court Determination: When parents cannot reach an agreement, the court will establish a holiday schedule as part of the custody order. Judges consider factors such as each parent's work schedule, the child's age and preferences, geographic distance between households, existing custody arrangements, and each parent's historical involvement in holiday celebrations.

Common Holiday Custody Arrangements

There are typically three types of arrangements for holidays:

1. Rotating Schedule: Parents alternate holidays each year, such as one parent getting the child on Christmas Day in even years while the other parent has them in odd years.

2. Fixed Schedule: Certain holidays are consistently assigned to one parent (for example, one parent always has Christmas while the other always has Thanksgiving)

3. Split Schedule: The child spends time with both parents on a given holiday, such as one parent getting Christmas morning while the other has Christmas evening.

What Happens When Holidays Conflict With Regular Custody?

Most custody orders specify that holiday schedules take precedence over regular parenting time schedules. For example, if a child would normally be with Parent A on a particular weekend, but the custody order gives Parent B that holiday, Parent B's time supersedes the regular schedule. The order should clearly state whether the regular schedule resumes immediately after the holiday or on the next scheduled exchange.

Modifying an Existing Holiday Schedule

If your current holiday schedule isn't working, you have options. Parents can agree to modify their arrangement at any time, though it's wise to document changes in writing and, ideally, file them with the court. If one parent wants to modify the schedule but the other disagrees, the parent seeking the change must petition the court and demonstrate that modification is in the child's best interests and that there has been a significant change in circumstances.

Contact A Syracuse Child Custody Attorney Today

Holiday custody schedules involve legal nuances and emotional complexities. An experienced family law attorney can help you negotiate an arrangement that protects your parental rights while prioritizing your child's needs. Whether you're establishing an initial custody order, seeking to modify an existing one, or facing conflicts over holiday time, legal counsel can provide invaluable guidance.

If you're navigating holiday custody issues in New York State, don't wait until the holidays are upon you. Contact our office today to discuss your situation and explore your options for creating a workable, child-focused holiday schedule that allows your family to celebrate the season with less stress and more joy. Contact us today for a free confidential consultation for consultation with an experienced Syracuse child custody attorney.

For more information on child custody proceedings, please visit our Child Custody and Frequently Asked Questions pages

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and guidelines can change, so always verify with current statutes or a professional.