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Dealing With Common Child Custody Issues During the Holidays

October 27, 2021 | Posted In Family Law

As a divorced or separated parent, child custody issues can add stress to the holiday season. Dealing with a former spouse’s or partner’s refusal to comply with your custody arrangement can be challenging, but options are available if you need help. Here’s what you need to know from our New Jersey child custody lawyers.

Common Child Custody Issues During the Holiday Season

Several types of child custody issues can arise during the holiday season. Some of the most common issues we see include:

  • Disagreements Regarding Who Gets the Kids – While child custody arrangements should generally include a discussion about the holidays, some do not adequately address the holidays. When a routine child custody schedule applies during the holidays, one parent may feel as though he or she is being deprived of a meaningful holiday season. In a recent separation, no arrangement may be in place. 
  • Disagreements Regarding Holiday Travel – Divorced and separated parents often disagree with one parent’s desire to travel with their children during the holidays. A thorough parenting time plan will include provisions regarding travel, but it is not uncommon for these provisions to get left out of less-comprehensive plans.
  • Disagreements Regarding Transportation – With everything going on during the holiday season, parents may find transportation to be challenging. If divorced or separated parents cannot agree on who will pick up or drop off their children, this can also lead to major disputes.
  • Refusal to Allow Parenting Time – A parent who wishes to spend the holidays with his or her children may attempt to prevent the other parent from having scheduled visitation time. This is a potentially serious child custody violation that can lead to serious legal issues.
  • Refusal to Return Children On Time After Visitation – If a parent refuses to return his or her children home on time after scheduled visitation, this can have significant legal consequences as well. Regardless of the time of year, parents must strictly abide by the terms of their custody arrangements.

How To Deal with Child Custody Issues During the Holidays

If your former spouse or partner has violated your child custody arrangement, or if he or she is attempting to violate your child custody arrangement (i.e., by planning a trip without your approval), what can you do? As with most legal issues, the answer depends on the circumstances at hand.

In some cases, child custody disputes are the result of a misunderstanding. One parent simply may not be familiar with the terms of their custody arrangement. When this is the case, pointing out the relevant sections in the custody order or parenting plan may be enough to resolve the issue and move forward.

If this is not enough, there are other options available. You can hire a New Jersey child custody lawyer to deal with your former spouse or partner for you, and, if necessary, he or she can take your former spouse or partner to court. Judges in New Jersey take child custody violations seriously, and there are clear legal remedies available.

Speak with a New Jersey Child Custody Lawyer in Confidence

If you need legal advice regarding a child custody issue this holiday season, we encourage you to get in touch. To schedule a confidential consultation with a New Jersey child custody lawyer at Helmer, Conley & Kasselman, P.A., please call 877-435-6371 or request an appointment online now.

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