Divorce, Holidays and Joint Custody - Negotiation is Key

By: Vernier & Associates, PLLC | Published 11/15/2018

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On behalf of Vernier & Associates PLLC posted in divorce on Wednesday, November 14, 2018.

Custody matters are often problematic -- before, during and after divorce. Joint custody is often seen as an ideal solution to a tricky matter in any divorce involving children. However, it comes with certain dilemmas and requirements with which the divorced parents will have to deal. Texas divorcees may find that agreeing on holiday schedules when they share custody may be one of the biggest headaches to which they will have to find a solution.

When disagreements arise regarding where the children must be and when, a good place to start searching for a solution to the problem is the formal parenting plan agreed on during the divorce proceedings. The plan should contain the arrangements regarding holidays agreed to between the parties. Should there not be a formal plan, it may be necessary to try and recall what was discussed during the preceding or what the arrangement was during previous holidays.

A parent who requests a change to the previously agreed-on holiday plan should be prepared to negotiate with his or her ex and also to accept an unfavorable answer. It is important to have a specific request in mind, such as a family get-together or special occasion, and make that clear during the negotiations. Honesty is always the best policy.

There are many factors to consider when asking for a change in an agreed-upon schedule, such as previous requests made for changes as well as a willingness to make concessions or to compromise. What's important is not to place undue stress on children by putting them in a position where they must choose one parent over the other. Unfortunately, it may happen that one parent acts out of spite and repeatedly refuses to pay attention to reasonable requests of the other party. In such cases, it may be advisable to contact a Texas divorce lawyer for advice on the possibility of having the previous custody agreement revised and modified.   

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