While the holidays are supposed to be fun, they can also be stressful for co-parents after a divorce. You could also be in the midst of a divorce and trying to handle co-parenting while separated for the first time. The holidays can throw quite a wrench into all of that. You both need to change how you handled things before, and you need to try to agree. But what if you can’t agree on modifications or adjustments you need to make this time of year?
At RPM Law, our Maryland family law attorneys help you handle these kinds of disputes. We help you seek a peaceable resolution whenever possible. Having an attorney involved often shows you’re serious and they can lend their strong negotiation skills. When the other parent refuses to negotiate, legal action might be necessary. We’re here for you either way.
Parenting Time and Custody Orders in Maryland
As part of your divorce, you got a custody arrangement for the children. This includes parenting time schedules. These schedules are legally binding. You can’t simply change them without agreement or court-ordered modification.
Often, holidays are accounted for in your existing order. Perhaps you negotiated an agreement, or the court imposed its own rules. Either way, look to your existing orders first to see how to handle any disagreement. It can help guide you, at least as a starting point.
Why Holiday Parenting Time Disputes Arise
Even with a clear custody order, holiday disputes are common. Parents may disagree about:
- Which holidays the child spends with each parent.
- How to divide time with both families
- How to deal with different traditions on the same day
- Travel plans that mess with the normal schedule
- Extended family gatherings
- Different religious or holiday beliefs
- Changes in the children’s school schedule around the holidays
So many of these disputes are heated and emotionally charged. Having an attorney involved can help temper the emotions and focus on goal-oriented solutions.
Options When Parents Cannot Agree
When you both can’t agree on a solution, there are options available. These options are best done with the advice of your attorney.
1. Mediation
Mediation can be incredibly helpful in these dispute. You can often get in quicker than you could for a court hearing. The neutral mediator hears both sides and helps you work on a resolution. They don’t make decisions for you, but might outline options you didn’t see before. It can also help you save money, as it is typically faster and less expensive than litigation.
2. Court Intervention
If you can’t resolve the case in mediation or informal settlement negotiations, the court might have to get involved. The judge reviews the dispute and looks at all the evidence you present. They then render a decision. However, by the time the decision is made, the holidays may be long past. It can help with future holiday issues, however.
3. Enforcement of Existing Orders
The court can help enforce existing orders as well. Perhaps the dispute is because the other parent won’t follow the current schedule. When this is the problem, courts can enforce the order. Both parents should follow current court orders unless they can agree otherwise. Even with an agreement, you should consult your attorney about how the court order impacts your agreement.
How Courts Handle Holiday Modifications
When deciding holiday parenting time disputes, Maryland courts may:
- Alternate holidays each year
- Split holidays
- Assign specific holidays to each parent
- Consider the child’s age and preferences, especially for older children
The court wants to create a plan that works well. Ultimately, however, it will focus on the best interest of the children, not what is best for your schedule.
Get Help With Parenting Time Modifications in Maryland: Make the Holidays Bright Instead of Stressful
Flexibility is often very important to you, your co-parent, and especially your kids. Everyone wants time as a family, and negotiation is possible. When the other parent refuses to be reasonable, or violates existing court orders, there are legal steps you can take to protect the best interests of your children.
Our team at RPM Law is highly experienced and ready to help with parenting time issues in Maryland. Contact us today for a consultation.
Blogs published by RPM Law are available for informational purposes only and are not considered legal advice on any subject matter. The reader understands that by viewing blog posts no attorney-client relationship is created between the reader and the blog publisher, RPM Law. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.