- 25-Jul-2025
- Marriage and Divorce Laws
In cases of shared or joint custody, one of the common issues parents face is coordinating schedules for family events, especially those that are significant to the child, like birthdays, holidays, school functions, or extended family gatherings. While some custody agreements include provisions for regular visitation, they may not explicitly address how to handle special events. Ensuring that both parents have the opportunity to participate in these important moments, while balancing the child’s best interests, can sometimes require legal intervention or specific arrangements.
Custody arrangements can indeed include provisions that deal with family events. These can be addressed either as part of the original custody agreement or through modifications as life circumstances change. The goal is to ensure that both parents have the opportunity to participate in important events, such as the child’s birthday, school performances, or holiday celebrations, while also maintaining the child’s stability and routine.
Parents may agree on how to share time with the child on their birthday or other special events. For example, the agreement may specify that the child spends the morning with one parent and the evening with the other, or alternates these events every year.
Major holidays like Christmas, Thanksgiving, Diwali, Eid, or other cultural and religious celebrations may be explicitly addressed in the custody arrangement. In some cases, the agreement will outline which parent the child spends certain holidays with, or parents may alternate holidays each year. For example, the child might spend Thanksgiving with one parent and Christmas with the other, alternating yearly.
Custody arrangements may also address attendance at school events, parent-teacher conferences, sporting events, or plays. Parents could agree to attend these events together, alternating who takes the child if both are involved, or one parent may take on the responsibility of attending certain events based on availability.
Family courts generally encourage parents to collaborate and compromise in scheduling family events. However, if disputes arise, the court may intervene to make decisions based on the child’s best interests.
Courts prefer that parents cooperate and establish a fair and flexible approach to family events. If both parents wish to be present at a school play, holiday dinner, or family reunion, the court may encourage a solution where both can participate, such as alternating who picks up the child or adjusting visitation times to accommodate special events.
If parents have difficulty agreeing on how to divide important events, the court may step in and adjust the parenting plan to include specific language regarding the division of family celebrations. This could include details about who has the child for particular holidays or family events, and whether there is any flexibility based on the child’s age and preferences.
While it’s important for parents to participate in family events, the child’s well-being and stability are paramount. Courts will consider how arrangements for family events affect the child’s emotional health, routine, and relationship with each parent.
As children get older, they may express a preference regarding which parent they want to spend a family event with, especially in cases where the child is already navigating a complex schedule of holidays and school activities. Courts may take these preferences into account, but the final decision is based on what is in the child’s best interest.
Stability is often a priority in custody arrangements. If attending family events disrupts a child’s routine (such as their sleep schedule or school commitments), the court may take steps to ensure that these disruptions are minimized. For example, if a child has to stay late at a family gathering, the court might include provisions to ensure they get enough rest before returning to the other parent's home.
In cases where extended family events (like a grandparent’s birthday or a family reunion) are important, the parents may need to consider whether the child’s attendance will enhance their relationship with extended family members. The custody agreement can provide guidelines for attending these events and may even include clauses that allow the child to attend extended family events during specific times of the year.
It’s not uncommon for disagreements to arise when parents cannot agree on the schedule for family events. These conflicts can arise when one parent feels the other is not making an adequate effort to ensure the child spends time with both sides of the family or when one parent refuses to compromise on holiday plans.
If the parents are unable to agree on how to handle family events, the court may recommend mediation to help resolve the issue. Mediation allows both parents to communicate their concerns with a neutral third party and work toward a solution that respects both parents' rights and the child’s emotional needs.
If parents cannot reach an agreement and mediation fails, the court may issue an order that modifies the custody arrangement to ensure that the child has opportunities to spend time with both parents during important events. The court may take into account the frequency of family gatherings, the child’s age, and the family dynamics when making a decision.
A divorced couple shares joint custody of their 12-year-old daughter, who has a birthday in December. The mother celebrates Christmas and wants their daughter to spend her birthday with her, while the father celebrates Hanukkah and wants to have their daughter with him during the week of her birthday for a family celebration. Both parents have extended family events they want their daughter to attend as well.
While custody agreements can certainly include schedules for family events like birthdays, holidays, and school functions, the goal is always to prioritize the child’s well-being, emotional stability, and relationship with both parents. Courts will generally encourage parents to work cooperatively, but if conflicts arise, they may intervene to ensure that the child’s best interests are met. The flexibility to modify the custody arrangement over time can help parents balance family celebrations with their child’s emotional and physical needs.
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