How to Have Holiday Visitation Rights

Holiday visitation rights are generally granted as part of the visitation package. While you are going through your divorce, it may take a while to get this matter settled. There are a couple of ways you can request your holiday visitation rights.

Instructions

1. Ask your spouse to split the holidays. He or she should allow a split if there is no reason visitation should be withheld from you. If your spouse refuses to allow you to see the minor children during a holiday, and you have not had visitation with the minor children on a holiday, then you will need to take further action.

2. Contact your attorney and let him know that your spouse has denied visitation. Do not do this the day before the holiday. It is difficult to get emergency hearings with the court, and many times, the court will not deem holiday visitation an emergency. Start this process at least two months prior to the holiday. Your attorney will file the proper motions.

3. Request mediation if you are pro se (represent yourself). If your state or county requires the parties to attempt mediation prior to granting any relief at a hearing, set mediation. Contact the mediation and diversion services at the local courthouse to set this up.

4. File a motion for temporary relief. File a motion with the court requesting visitation. If you do not have an attorney and you are not comfortable with doing this on your own, many states allow a paralegal to assist you in completing the required forms.

Tips & Warnings

• For visitation, you should be requesting “rotating holidays.” For example, if you have Thanksgiving this year, your spouse will have the first half of Christmas, which encompasses the first half of Christmas Day. You should get the minor children Christmas Day in the afternoon, and keep them for the remainder of the holiday break. Next year, it will reverse. Your spouse will have Thanksgiving, and you will have the first half of Christmas.

• Memorial Day and Labor Day are usually switched. Whichever spouse has memorial day on even numbered years gets Labor Day on odd numbered years.

• Mother’s Day and Father’s Day are spent with the respective parent every year. The minor children’s birthdays can be split by yearly rotation, or some couples split with one parent having the minor children in the morning, with the other parent having the minor children in the afternoon.

• Spring break is normally split in half. Summer vacations are normally split in half, with each spouse having two weeks at a time. Depending on your schedules, you may schedule two weeks with the primary parent, four weeks with the secondary parent, and the last two weeks with the primary parent.

• Visitation can be easily arranged. Your spouse should allow holiday visitation, as the court will order it if there is no reason for you to not have visitation. If he or she fights it, it is just costing you both more attorneys’ fees and headache for no good reason other than to aggravate the proceedings.

• This article is not intended to be used as legal advice. This article was not written by an attorney. Always contact your attorney regarding any legal issues.