Question: Do I need a holiday schedule in my parenting plan/divorce agreement?

I see this question a lot in my practice, particularly where the parties seem to be working together and getting along well during the time that they are drafting an agreement.  We can work it out – there’s no need for a schedule for these holidays.  Here’s my take on this:

It is absolutely wonderful if the two of you are getting along now and working these things out without lawyers or the Courts involved.  Good for both of you!  Your kids are better for it and there is a lot less stress for you.  That said, if you opt out of scheduling these holidays now but have an issue later, there is no “fall back plan” for the future.

My opinion is that you should always draft the holiday section of an agreement/plan for the future.  If you both make a decision to schedule otherwise, that is fine.  If you fall into a situation where you don’t agree, or you no longer get along well, there is a plan there for you to use.  If you were to opt out of creating that plan now and have trouble later, you are back in Court to then litigate the plan.  This, in my opinion, is an unnecessary future trip to Court that you can avoid now while you are already there working the other sections of your divorce out.

As always, I am a phone call away.  Contact me for any type of advice on this.