How to Manage PA Child Custody and Parenting Time During the Holidays
As a Montgomery County, PA child custody attorney, a common issue I come across this time of year is how to handle child custody and parenting time throughout the holiday season. For many families who have gone through or who are going through a divorce, the holidays can be especially stressful. By addressing child custody issues thoroughly in advance, some of that stress may be avoidable.
Every Pennsylvania divorce decree and/or child custody agreement should include specific provisions for custody of the children for major holidays and vacations from school. Your holiday and vacation custody and visitation schedule should show where your children will spend holidays and vacations and should include details about how and when the parents can take the children on vacation. I have found that it is generally best to divide the holidays as evenly as possible. Parents often alternate their holiday schedule every other year, but this is not required. For more tips on what to include in a child custody and visitation schedule, click here.
Unfortunately, even if you have an established holiday and vacation custody schedule, sometimes these provisions are simply ignored. One parent may have relatives in town and wish to keep the children for a few extra days, or he or she may wish to take the children on a holiday vacation. Whatever the reason, this is a frustrating and challenging problem for the parent whose parenting time is cut into.
Of course, the best advice to any co-parents is always to try your best to be flexible with one another in a constant effort to act in the child’s best interest. When cooperation isn’t possible, however, additional action may become necessary.
The most important thing you can do in these situations is to confirm everything in writing. This may be in the form of an email, text message, or even handwritten notes, but it is critical to have written evidence of the custody dispute. Be sure to review your custody and visitation schedule carefully before the holidays. Confirm your understanding of days and times with your ex-spouse.
If your ex-spouse contacts you the day your parenting time is scheduled to begin to tell you that he or she won’t be bringing the children back until the next day, immediately send him or her an email restating the major points of your phone conversation and that you do not agree. When your parenting time is scheduled to begin, send a follow up email or text message stating that if your former spouse refuses to bring the children to you per the agreement, then you will be forced to take legal action. Forward all of these communications to your family law attorney.
A major problem parents often face in this situation is that sometimes nothing can be done to prevent a breach of the custody agreement ahead of time. In those circumstances, the best recourse is through an enforcement action filed with the court. Adding to the problem is that most courts are closed on and around major holidays, so parents are often forced to wait for the courts to re-open to file a petition or motion.
If you do receive advance notice of your ex-spouse’s intention to infringe on your parenting time, you may be able to attain emergency relief from the court in advance. Contact your divorce lawyer immediately to seek such emergency relief.
Jason Martin, Esq. is an experienced PA family law attorney who assists clients seeking divorce, child custody, child support, spousal support and alimony in Montgomery County, Bucks County, Chester County, Delaware County and Philadelphia County. Contact The Martin Law Firm for a no-obligation, confidential consultation.