For parents, the best gift of the holiday season is making memories with children; unfortunately, your ex can take that gift away. It’s always best to focus on what is best for the children, even when that is
difficult. If you are going through a divorce, it’s crucial to identify the common court procedures judges use to create custody agreements for the holidays.
Court-Ordered Holidays
Court-ordered holiday agreements are crucial in California divorces. These agreements are so critical that California divorce courts have a Children’s Holiday Schedule Attachment form (also known as an FL-341(C)) that parents, after ordered by the court, must follow when dealing with holiday visitation. Of
course, with my help we can negotiate a schedule/agreement that is customized for your family instead
of the Judge deciding the schedule for you.
This form includes many common holidays (July 4th, New Year’s Eve, etc.,) and spaces for parents to include other holidays that are relevant to their families (Christmas and other religious celebrations.) Additionally, parents can use the times and years boxes to specify when and for how long a parent has a right to visit with their child during a holiday.
How parents split holidays among their children is entirely up to them if they can agree on a plan. However, if they can’t agree on the terms, the court will decide on how their time with their children will be split.
Here are some of the factors the judge will take into consideration when determining how a child’s time is split:
- Age of the child;
- Health of the child;
- Emotional history between the parents and the child;
- Ability of the parents to care for the child;
- History of parents’ substance abuse or family violence;
- Child’s ties to school, home, and his or her community;
- What the Judge feels is best for your child.
Getting a California Court-Ordered Agreement
Unfortunately, many parents fail to follow holiday visitation plans without a court-ordered agreement. If your ex is failing to follow an agreement for holiday visitation, you will need to talk to a child custody attorney about getting a California court-ordered agreement/FL-341(C).
Call (619) 304-8499 now for a free consultation concerning your child custody/child visitation/holiday schedule/FL-341(C) agreement!