Thanksgiving and winter break can lead to custody disputes between divorced or separated parents. Both parents may want to spend the holidays with their children. However, problems can arise when their plans overlap or their custody order does not clearly explain how to share holiday time.
For Indiana families, October is a good time to settle these issues before the holidays begin. Planning ahead may also help parents avoid last-minute court disputes.
Why should parents plan ahead?
October is not a legal deadline for settling holiday custody disputes in Indiana. However, waiting until November or December can make it harder to reach an agreement.
Indiana courts generally close for Thanksgiving, Christmas and New Year’s Day. Court calendars may also fill up before these holidays. As a result, parents who need a hearing may not get one in time.
Planning in October gives parents time to work through issues such as:
- Who gets the children for Thanksgiving dinner or the long weekend?
- How should parents divide Christmas Eve, Christmas Day and New Year’s Day?
- Can one parent take the children out of state to visit family?
- How can both parents keep their holiday traditions?
These disagreements can affect travel plans, family gatherings and time with the children. If parents cannot agree, they may need help finding a solution without going to court.
How can mediation help resolve holiday disputes?
Under Indiana’s Parenting Time Guidelines, the noncustodial parent is generally granted Thanksgiving parenting time during odd-numbered years, while the custodial parent holds Thanksgiving during even-numbered years. They also divide Christmas break between both parents.
However, these schedules may not work for every family. Parents may need to make changes because of work, travel or family traditions.
Mediation allows parents to work out these issues without going to court. Each parent works with a lawyer to discuss their concerns and create a holiday schedule that meets their family’s needs.
For example, parents may agree to take turns having the children for Thanksgiving each year. They may also change Christmas pickup times to allow for family gatherings.
This process may take less time than going to court because parents work together to reach an agreement. However, both sides must cooperate, and some changes may need court approval.
How can early planning protect family time?
Settling holiday plans in October gives parents time to prepare. It also helps children know where they will spend each holiday.
An Indiana family law attorney can help parents review their custody orders and agree on a clear schedule. This approach may help families avoid further disputes and focus on spending time together.
