If you have not yet formalized a divorce or separation agreement with your spouse, your New York child custody attorney can explain that working with your spouse regarding holidays can help lay the groundwork for future agreements. Additionally, working on a solution together benefits your children by allowing them to move forward with as much stability as possible. Your New York child custody attorney can help explain your options and help you through this process.
The first step is to plan ahead. Try to work out any agreements regarding the holidays or school breaks well ahead of that holiday. Doing so allows you to seek court intervention if necessary without having to file an emergency petition that may be frowned upon by the court. Talk to your spouse about the preferences that each of you have regarding holidays and school breaks. If you do not believe that you can have this conversation face to face, consider mediation or negotiating through your legal team.
Consider the competing interests regarding holiday time, such as the work schedule that you and your spouse have and your child’s preferences. Allow time for travel if this is normally part of the holiday routine. Recognize that you will likely not get everything that you need. However, work on coming up with solutions by considering family traditions and what adjustments should be made given the current situation. Confirm everything in writing. If you are unable to reach an agreement on this subject, ask your New York child custody attorney about your options.