The holiday season is here again, beginning with everyone’s food
favorite: Thanksgiving. Have you taken the time to make certain your
visitation schedule will allow you, your ex-spouse, and your children to fully enjoy the holidays?
If you are worried that you or your kids are going to miss out on the
spirit of the season due to a misarranged
child custody order, then it is time to start thinking about creating a customized holiday
Working Together & Using Mediation
The simplest way to try to get a holiday visitation schedule that respects
the wishes of both spouses and upholds your child’s best interests
– that is to say, allows them to spend the holidays with all family
members, not just half the family – is sitting down and crafting
a temporary, unofficial agreement with your ex-spouse. You have to each
trust each other to not “forget” this agreement and cause
trouble, so this method is best reserved for couples who
divorced on fairly good terms, such as in an
uncontested divorce. After all, unofficial agreements are not legally binding, allowing anyone
to renege when they want without legal consequence.
You can take an extra step to make your quick changes actually official
by sitting down with your ex-spouse
and a mediator. During
family law mediation, you and your ex are encouraged to work together towards a common goal,
such as a new or temporary holiday visitation schedule, and get legal
advice from the mediator. This process puts your agreement in writing
and makes it more difficult for someone to suddenly change their mind.
Asking for a Modification from the Court
For every situation in which two ex-spouses can work together to come up
with a new holiday visitation plan, realistically, there will probably
be another two or three more situations in which one or neither spouse
will not cooperate. When this happens, the courtroom is the place to return.
You can craft a
modification to your child custody or visitation order that applies specifically to
the holiday season and bring it to the judge for approval.
While working on your proposed modifications, do not forget that a child’s
best interests always takes priority in a family law setting. Your holiday
visitation changes will not gain approval if they clearly disadvantage
your child, or unjustly try to wrest custody or visitation time away from
your ex-spouse. It is encouraged that you work with a family lawyer to
make certain your proposal makes sense, is legally valid, and has a good
chance of courtroom approval.
Slate & Associates, Attorneys at Law and our Pearland family law attorneys
would be happy to help you come up with a useful holiday visitation schedule
or agreement. We have the knowledgeability and know-how to manage your
case, whether it needs mediation or courtroom litigation, and we are known
for our compassion and care, which makes dealing with sensitive divorce
issues simple and comfortable for our clients. Let us get started on your
case now by calling
281.410.5780 and placing a
case evaluation on your calendar.