Managing child custody disputes during the holidays

The holidays can be stressful for divorced parents. Even when child custody matters such as legal custody and physical custody have been settled, it is not uncommon for disputes over parenting time and visitation rights to come up. This is especially true during the holiday season when conflict between couples is often heightened. Fortunately, conflict related to child custody can be avoided. Minnesota readers may find the following advice on parenting time planning during the holiday season helpful.

The first thing that parents should do if a child custody dispute arises is to review the custody agreement. If the custody agreement does not address the issue, it is important that the two parties sit down and try to negotiate an amicable agreement. While it is understandable that parents want time with their children during the holidays, sometimes compromise is in everyone's best interest. In the end the important thing is for both parents to have time with their children, the specific day is less significant.

In the best-case scenario Minnesota parents will have developed a parenting plan that address these very issues before they arise. A parenting plan is an agreement that details various custody issues. In its most basic form, a parenting plan includes a parenting schedule, a designation of each parents decision-making duties and a method for resolving disputes. A parenting plan can also include other issues that pertain to parenting, but the issues outlined above are mandatory.

While parenting plans are not mandatory, in Minnesota they can be created in lieu of a child custody and parenting time order if both parents agree. Like custody orders designating physical and legal custody and visitation rights, a parenting plan is a legally enforceable document. Furthermore, parents who agree to a parenting plan may substitute other terms for legal and physical custody as well as joint and sole custody. For some couples, a parenting plan can be an important part of co-parenting after divorce.

Source: The Mercury, "Child custody and the holidays: Do's and Don'ts," Andrew D. Taylor, Nov. 27, 2013