questions & answers

Question: My husband and I are in the process of getting a divorce. Right now, I have sole custody of our 3 1/2 year old son. My ex has visitation. Our orders do not state a plan for holiday visitation and we did not agree on one. Do I have a right to keep my son on holidays?

Answer:

This is a question you should really discuss with an attorney. See our article on where to find an attorney for specific legal advice.

Additional information is needed. What type of parenting plan is currently in place? Is it informal agreement or the result of temporary orders through the court? Usually, parenting plans have some sort of reference to holiday visitation. If it does not, it is something that should be addressed in advance (to avoid unwanted holiday concerns). You may want to speak with an attorney about the need or appropriateness of a holiday access schedule. Even if the current plan does not discuss the holidays, it may not be wise to just assume that your husband is not entitled to some form of parenting time. Again, there is way too much information required and too many possible variables to answer your question definitively.