Spending time with friends and family during the holidays is one of the best things in the world. Many of our fondest childhood memories are closely associated with holidays such as Christmas, Passover, Thanksgiving, Halloween and more. But what happens when mom and dad end the relationship?
All issues concerning visitation have been historically based on the best interest standard. Initially, under common law, children were considered the property of the father. During the 19th century mothers became primary caretakers as men moved into the industrial workforce, causing the emergence of the best interest standard to determine custody and visitation issues. With the rise in the divorce rate in the late 1960s, in addition to addressing custody and visitation, courts began to address arrangements for sharing children during the holidays.
Each case is different. If longstanding family traditions exist – for instance, Easter at grandmom’s, Passover at a brother’s house – the best interest standard should apply and the traditions should continue, especially for younger children. The failure of a marriage should not cause the children to lose such important traditions.
Many courts utilize a presumptive holiday schedule which simply alternates all holidays on an odd/even basis. The logic behind this “one size fits all” schedule was to minimize conflict and save court time and attorney’s fees. Having said that, if you do not agree with the presumed holiday schedule, you have a right to advocate under the best interest standard for an alternative approach.
It should come as no surprise that as children become older, oftentimes they tend to do what they want, and the holidays become less significant in a divorce case.
