Parenting Time & Holidays in New Jersey | What You Should Know

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Every parent wants to spend the holidays with their child. As such, this can be an incredibly difficult time for divorced couples who share a child. It’s important to understand how the courts handle these complex custody matters and the importance of creating a holiday parenting schedule that works for your family. Please continue reading to learn more about child custody and how our experienced New Jersey family law attorney can help you explore your options.

What Is Holiday Parenting Time?

Holiday parenting time is a supplemental schedule imposed by the court to create a schedule that explains how the child will spend the holidays when the parents are no longer together. It’s important to understand that the holiday arrangement will override the standard custody schedule due to the special circumstances of a holiday.
Having a pre-determined schedule helps avoid last-minute conflicts and helps establish certainty that will allow the child to enjoy their holiday.
The New Jersey Judiciary even publishes a guide called Parenting Time: A Child’s Right that explains how parenting plans should cover weekends, holidays, school breaks, and special occasions.

Common Holiday Parenting Arrangements

While each parent may want to spend every holiday with their child, this is not always a viable option. As such, it’s important to explore the common arrangements to determine which option is best for your family.

Alternating Years

Some families may decide that alternating which holidays the child spends with each parent is the fairest. As such, Parent A may have Christmas, New Year’s Eve, and Halloween one year, while Parent B has Christmas Eve, New Year’s Day, and Thanksgiving. The following year, the parents would swap holidays. This option is often best for parents who may live in different counties or states.

Splitting Days

For parents who live close to each other in Ocean County, splitting the day might be a viable option. This would allow the child to see each parent on the actual holiday. However, if you and your ex live far apart, this may not be ideal, as the child could end up spending most of the day traveling.

Designated Days

Depending on what days each parent values the most, parents may agree to keep holidays on a yearly basis. For example, Parent A may be more interested in spending Thanksgiving with the child, while Parent B would like Christmas, alternating with other holidays.

Doubling Days

In some instances, parents may want to spend the full day with their child. As such, you may agree to “double” the holiday. For example, Parent A may host their “Christmas” on the 23rd, while the child celebrates on the 25th with Parent B. This allows each parent to feel as though they have adequate and meaningful time with the child.

Other Important Events

It’s important to take other important events and special occasions into consideration. As such, you should make arrangements for the following:

The child’s birthday
Parents’ birthdays
Long weekends
Week-long breaks from school
Summer vacation
Religious holidays

What Should a Holiday Custody Plan Include?

When creating a holiday schedule, being as detailed and specific as possible is in your best interest. Consider including:

Which holidays and events are covered under the plan
Exact dates and times of when each parent’s time with the child begins and ends
Transportation responsibilities
Whether or not a neutral exchange location will be used
How to handle make-up time if one parent is sick or the weather prevents safe travel
How changes will be requested and confirmed
How communication time with the other parent will occur (video chat, phone calls, texting)

How Do NJ Courts Decide Holiday Arrangements?

New Jersey courts consider a wide array of factors when it comes to deciding on child custody for the holidays. It is important to understand that custody will be based on the child’s best interest standard. Some of the most common factors are as follows:

Each parent’s relationship with the child
Any allegations of substance abuse
Any allegations of neglect or abuse
Your child’s needs, including both physical and emotional
Your child’s educational needs, and whether your child has special needs
If your child is of sufficient age, whether he or she has a preference
The geographical proximity of both parents’ homes
Whether you can meet your child’s standard of living
Whether you can provide your child with a stable and safe household
Each parent’s holiday traditions
Religious observances

Can I Change or Update the Current Plan?

In the event your current custody arrangement for holidays and other special occasions no longer reflects the best interests of your child or there has been a substantial change in your circumstances, you may be able to seek a modification through the court to update the plan.

What Warrants a Modification?

One parent relocates
One parent’s job schedule changes
The child’s needs have changed
One parent continually interferes with the current holiday schedule
There are safety concerns when the child is in the custody of one parent

Contact Our Experienced Ocean City Firm

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.