November and December are filled with holidays, school breaks, and other festivities that parents look forward to enjoying with their children every calendar year. As a parent who may be looking to start the divorce process, or as a parent who recently separated from the other parent but were never married, you may wonder how does the court handle holiday parenting time, and what ability you have to travel with your children during the holiday season.
Generally, holiday parenting time with children takes precedence over regular parenting time.
This means if the other party is scheduled to enjoy holiday parenting time on a day which you would normally have them per your regular parenting time schedule, the other party gets the parenting time. Holiday parenting time can be agreed upon between the parties through themselves. If you are not able to reach an agreement with respect to holiday parenting time, every county offers a holiday schedule which equally divides the holidays between the parties in a given calendar year. If you have not yet reached an agreement with respect to holiday parenting time, the court holiday schedule can provide guidance on how you may split the holidays. For example, you may agree to follow the court holiday schedule but provide exceptions for specific holidays where you may want to keep the traditions you have been following prior to your separation/divorce.
The other form of parenting time which takes precedence over regular parenting time is vacation parenting time.
Generally, each parent is entitled to two (2) non-consecutive weeks of vacation time with the children each calendar year.
To avoid potential conflict in scheduling vacation parenting time, some parties will agree to provide their respective vacation parenting time by a certain date each year. Others will agree that in the event of a conflict, one party gets first pick in even-numbered years and the other party in odd-numbered years. While vacation time will take precedence over regular parenting time, it does not take precedence over holiday parenting time. As such, when scheduling any vacation parenting time over the holiday season, it is important to know when the other party may be entitled to enjoy holiday parenting time with the children.
At Obermayer, we have a team of attorneys who are ready and able to assist in ensuring your holiday season with the children is fun and conflict free.
The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.
Allison concentrates her practice on all aspects of family law including divorce, child and spousal support, domestic abuse, paternity, and adoptions in the greater Mount Laurel, NJ area. As an attorney practicing...
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