Fall is in The Air and The Holidays are Just Around the Corner
Posted on: October 15th, 2013

Are you beginning to stress about the holidays?  Are you wondering about the uncertainty of who will have the children, what days you will see them and where you will spend the holidays?  Understanding exactly what your possession order provides can help reduce that stress during this holiday season and for years to come.

Most orders have provisions specifically addressing the Thanksgiving and Christmas holidays, but many parents overlook the general language that can also make the holidays more enjoyable.  If your order contains the “Standard Possession” clause, take a look at the “Mutual Agreement or Specified Terms for Possession” as that section basically states that the parents can exercise whatever possession and access they want, but they must mutually agree to the times and dates.  In the absence of a mutual agreement the parents must look to the language of the possession order for direction.

When examining the order, one must keep in mind whether the year is an odd or even year and the holiday schedule of the school their children attend.  Know that in some years one parent will enjoy the entire Thanksgiving holiday to the exclusion of the other parent.  The Thanksgiving and Christmas holidays begin when the children are dismissed from school for the holiday and end on the Sunday or Monday following the holiday.  Lastly, know that both parents will have possession of the children at some point during the Christmas holiday and whether a parent has possession of the children during the first or second part of the Christmas holiday will depend on the year, odd or even.

Reduce your stress, know your school’s holiday calendar, agree to the holiday schedule in advance with the other parent or know what possession you’re entitled to in odd and even years.  If you remain uncertain about the terms of your possession order, the family law attorneys at McCleskey are available to help resolve and clarify those provisions for you.

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