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Holiday Custody

If you are arguing with your ex about custody over Christmas, first idea is to refer to your Decree or Parenting Plan.  The holidays are generally included as a default if the parents cannot otherwise agree. If you do not yet have a holiday schedule or parenting agreement, it is a good idea to try to come with an agreement.  Remember, BE REASONABLE.  Family court judges generally disfavor a party that they deem to be unreasonable.  If you refuse any parenting time over Christmas, you might expect that your ex will have that schedule next Christmas

Judges generally agree that Christmas is NOT an emergency. They will almost always refuse to issue any temporary order if the parties have not schduled court by november. First reason, the holidays do not change.  If you thought there may be a problem with holiday visitation, you could have and should have filed in October. Second, it is simply another day.  Celebrate with gifts on any given day.  Call the family together to enjoy the holidays with children.

Remember, some parents intentionally throw a wrench into the holiday spokes.  This is unfortunate and not likely to lead to a favorable impression when you next appear before the Judge. My advice is to utilize the special occasion to bury the hatchet and allow the children to enjoy time with both families.

If you have quesitons, refer to the local rules.  For example, in Kenton County they have a "standard holiday schedule.  See Appendix C, page 36 of link HERE to review.  

If you have problems with parenting time or enforcement, or wish to file a motion for contempt for refusal to abide by court orders, contact an attorney after the holidays.  To schedule an appointment, contact [email protected] or call 859-581-6453.

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