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Commonly Asked Family Law Questions During the Holidays
Commonly Asked Family Law Questions During the Holidays

Family Law

Commonly Asked Family Law Questions During the Holidays

The Most Commonly Asked Family Law Questions During the Holidays

The holidays are commonly known as a time for family. Some people view this season as an exciting one, while others find it to be quite stressful. As there are many common family law issues that occur during the holiday season. Here are the most commonly asked family law questions during the holidays:

  • Is Putting Off The Divorce For The Holidays Good For Now?
  • Can A Custody Agreement Be Changed During The Holiday Season?
  • What Are Grandparent Visitation Rights During The Holidays?
  • Is It Good To Propose At Christmas?
  • As A Divorced Family, How Do We Plan For The Holidays?
  • Can We Change The Custody Agreements?

The holiday season is often thought of as a joyful time, but for many, it’s the complete opposite. A major concern for divorced couples during the holidays is how they will share custody of their children. Can a custody agreement in a particular state be changed? What about grandparent visitation rights? Continue reading to learn more about the most common family law issues occurring during the holiday seasons and some potential solutions that have been provided by professionals.

Commonly Asked Family Law Questions During the Holidays

1. Is Putting Off The Divorce For The Holidays Good For Now?

Many couples who are getting a divorce choose to wait until after the holiday season is over. They usually do this for their kids and other family members even though it can seem like a daunting task.

  • Although it may seem like the best thing to do in the short term, this can be a difficult decision for both parties.
  • If you are considering putting off the divorce, for now, you should speak with your family law attorney about possible options and what would be best for your specific situation.

If you’re dreading the holidays because you know a divorce is coming as soon as they end, please remember that you are not alone. Many people are in this situation, and help is available if you need it.

2. Can A Custody Agreement Be Changed During The Holiday Season?

Custody agreements can be changed during the holidays, but it often requires consent from both parents.

  • If you have an existing custody agreement, you may need to bring this up with your family law attorney.
  • They can advise you on any legal changes you can make and whether it is in your best interest to do so.

3. What Are Grandparent Visitation Rights During The Holidays?

Grandparents have a right to visitation during the holiday season, just as they do throughout the year. However, it is important to remember that grandparents do not have legal custody of a child.

  • If you are a grandparent and you would like to spend time with your grandchildren during the holiday season, it is important to speak with their parents or guardian first.
  • If an agreement cannot be made, you may need to contact a family law attorney for help.
  • They will be able to help you understand your rights and advise on the best way to proceed.

The holidays are often a stressful time for divorced couples and their families, but you can find peace this season with the right solutions.

  • Counsel from a family law attorney can help answer any questions about custody agreements or grandparent visitation rights during the holiday season.
  • With Christmas just around the corner, make sure your holiday is merry and bright by getting answers to all of your burning questions.

If you would like to learn more about family law issues surrounding the holidays, please contact a qualified attorney in your area today. They will be able to provide further information and assistance with any legal matters that may arise. With their help, you can ensure that the holiday season remains enjoyable for everyone involved.

4. Is It Good To Propose At Christmas?

Did you know that Christmas Day is the most popular day to propose? Because of the hustle and excitement of this time of year, many people hastily jump into proposals without thinking about all legal aspects first.

  • For example, have you considered whether or not you want your partner to sign a prenuptial agreement?
  • This is a great time to think about all the legal aspects of your relationship, like whether or not you want your partner to sign a prenuptial agreement.

Regardless of who ends it, an engagement ring is considered a conditional gift that the purchaser can take back if the marriage doesn’t go through.

  • Although engagement rings are given at Christmas, Valentine’s Day, or birthdays are typically classified as more traditional gifts.
  • The majority of courts have allowed the receiver to keep them, there are some cases where the receiver has been forced to give them back.

Commonly Asked Family Law Questions During the Holidays

5. As A Divorced Family, How Do We Plan For The Holidays?

The two most challenging parts of negotiating child custody during the holidays are figuring out the schedule and then making that schedule happen. To make things easier on yourself, be realistic with the holiday itinerary and try to get input from your children. It’s also helpful to be proactive and create a Holiday Parenting Plan. Here are some things you should consider:

  • Consider which holidays are significant to you and your family.
  • Then get specific about the date/timeframe that celebrates the holiday.
  • If there’s a chance the holiday might include travel one year, it’s important to plan for that possibility even if traveling every year isn’t part of the plan.
  • Incorporate the holiday into the regular parenting time plan.
  • Include the holiday in your normal schedule.
  • Some holidays, like Halloween, are during school days.
  • So if you decide to split that holiday between parents, how will that happen when the kids are already in school?
  • Dividing time means one parent would have to transport the kids during busy trick-or-treating hours. Is that what you want for your children?

6. Can We Change The Custody Agreements?

Many divorced couples who have children desire to modify their custody agreements during holidays. To do so, a motion to change custody must be filed in the county where the original custody order occurred.

  • If the child no longer lives in that county, it may still be possible to transfer the case.
  • If you’re struggling to figure out how to do this on your own, reach out to a law firm to discuss the best options for you.
  • You might be able to take legal action under the Hague Convention if your child has been taken overseas by the other parent without your consent. It’s important to note that the holidays are not an exception to the custody agreement and any changes must be approved by a judge. If you need assistance with modifying your existing agreement or would like more information about the process, you should contact a law firm for more information.

Commonly Asked Family Law Questions During the Holidays

7. Is There Anything We Can Do To Avoid Litigation?

Yes, absolutely! If you and your former partner are willing to work together, many steps can be taken to avoid litigation. This can include mediation or a collaborative process. These processes allow families to settle any disputes without going to court.

  • The goal is to work together to reach an agreement that both parties like. Finding common ground can be easier than going through a litigated process. If you and your former partner are open to this possibility, we encourage you to contact a law firm for more information. As they will help guide you through the steps needed to come up with a reasonable plan for the holiday season.
  • No matter what, it’s important to stay focused on creating a holiday atmosphere. We need to remember what is important and understand it for the entire family. We hope you have a wonderful holiday season.
  • We understand how difficult it can be to negotiate family law matters during the holiday season. Try to come to an agreement that is beneficial to your family. Make sure it does not conflict with the current ruling of the divorce, the better for the family. Law firms are here to help you and your family navigate these difficult times. Don’t let the holidays become a source of stress, call a quality lawyer with a reputable law firm to discuss your options. You may not be together anymore, but you will always be family. Maybe not the closest but still family.

What to Consider

All parents think family time is important. So, it is understandable that holiday parenting time would generate strong emotions. This is especially the case when other family members or friends come to visit the children during these times. If you find yourself arguing with an ex over visitation, take into account the following tips:

  • Keep the focus on what is best for the children and try to reach an agreement that works for everyone.
  • Seek help from a neutral third party if needed, such as a mediator or counselor.
  • Communicate proactively with your former partner to avoid misunderstandings.
  • Remain respectful of each other’s wishes.


The holidays are a special time of year, but they can also be very stressful. You’re not alone if you’re finding it tough to make it through the holiday season. So, we hope that these tips help you successfully navigate the tricky waters of family law during the holiday season.

Written By

Matt has over 10 years of legal writing experience. He's worked and written for legal websites for serval websites including Truskett Law, Bruner Law, Jeffrey & Erwin, Gary Crews, PLLC., Deposition Academy, and Wagner & Lynch.


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