Custody schedules and exchanges in Nebraska often present extra challenges during holiday breaks. The court order or parenting plan typically outline how parenting time is divided for the holidays.
Nebraska courts strive for clear exchange plans for holidays in the court order or parenting plan. Most orders specify the specific date and time that the exchanges occur. Mediation and court action is often required to change the terms if the parents disagree. Having and knowing the details regarding your holiday exchanges help prevent holiday conflicts and ensures smoother shared parenting during Christmas and other winter holidays.
What to Know About Custody Schedules and Exchanges in Nebraska Over Christmas Break
Custody schedules and exchanges in Nebraska often include special holiday provisions that adjust regular routines and set forth each parent’s time for the holidays. Some families follow a fixed schedule every year. Other parents have a fixed time period for a holiday and alternate the holiday between the parents between even and odd years.
Holiday Custody Provisions in Nebraska
In Nebraska, holiday custody provisions are part of the court-ordered parenting plan. This often includes time for Christmas Eve, Christmas Day, New Year’s Eve, and New Year’s Day. It can also include time for other holidays or divide the whole of Winter Break as a holiday. Parents have some flexibility into how they want to define and determine these holidays. The Courts only get involved if the parents are unable to agree. The parents can create a schedule that works best for their families and their traditions.
Parents should expect the holiday schedule to override the regular weekly parenting time schedule during this time. Depending on how your holiday schedule is worded, the holidays may change your regular parenting time schedule as well. For example, if the holidays create two weekends with one parent in a row, your order may require you to proceed on a new alternating weekend schedule moving forward. Alternatively, it may result in three weekends with one parent in a row. Your parenting plan should include how these types of holiday scenarios affect the regular weekend schedule. Parents are encouraged to think through these types of details when creating their holiday schedule in their parenting plan.
Differences Between Standard and Holiday Schedules
The regular parenting time schedule covers the usual weekdays and weekends. Most families stick to something predictable, like alternating weeks (week on/week off) or alternating weekends with set parenting time days during the week.
The holiday parenting time schedule supersedes the regular parenting time. The idea is to give each parent some time for certain holidays. The holiday schedule prioritizes special days and school breaks and replaces the routine schedule.
Common Winter Break Schedules
During Winter Break, children might stay with one parent for the entire school break or may switch between houses on specific days and times. If the parents reside many hours away, it is common for a parent to be awarded the majority of winter break in either even or odd years. It is also common to divide the winter break in half, with one parent being awarded the week that includes Christmas and the other parent being awarded the week that includes New Year’s. The parents then alternate whether the parent has Christmas Week or the New Year’s week each year.
Especially if the parents are both local, it is common to only define Christmas and New Year’s as holidays and have the rest of Winter Break follow the regular parenting time schedule.
One complication of planning the holidays includes taking into consideration the extended family traditions and the child’s own schedule. Keep your extended family’s traditions in mind when coming up with your holiday schedule and also keep your extended family in the loop as to where you will and won’t have flexibility for scheduling the holidays going forward.
The child’s schedule also needs to be considered when planning the holidays. Especially as children get older, they may have sports or other activities that occur during Winter Break and really need to or really want to attend. Put your child first and find a balance between family time and your child’s own schedule. This may become increasingly difficult as your child gets older and starts to take on obligations and a schedule of their own.
Planning and Modifying Custody Exchanges During the Holidays
Holiday custody schedules and exchanges require attention to timing and location. Clear planning and communication help prevent issues. Keep in mind that the Courthouse often has some days closed for the holidays and judges and staff also often take some vacation during the holidays. Thus, you need to plan early. If you can’t agree on the holiday time, you may need to get before a judge to make the call. Depending on your judge’s schedule, you may need to request a hearing a month or more before the holidays in order to have a decision from the judge in time. If you have a dispute regarding Christmas Day on Christmas Eve, you are extremely unlikely to have a judge available to decide your dispute. Have a clear schedule in place with specific dates and times for exchanges well before the holidays.
Coordinating Exchange Times and Locations
Parents should agree on specific times and places for parenting time schedules and exchanges over Christmas and Winter Break in advance. A common mistake is to state that a parent is awarded Christmas Eve and the other is awarded Christmas Day but no specifics as to the place or time for exchanges. The parents may disagree if the exchange should occur on Christmas Eve night or Christmas Day morning and how late or how early this exchange shall occur. Be specific as to the date and place of the exchanges to prevent these conflicts.
If travel is involved, you can include flexibility in your schedule, but you should still include parameters. For example, if the parents reside many hours apart, you could include a default exchange time and specific location but have this apply only if the parents aren’t otherwise able to agree to an exchange time and place for the year. You could also include a wider window for exchange times or that the person who is doing the further travel gets to set the exchange time within a certain window of time. If the exchanges occur via air travel, you could include provisions that you have to exchange flight information by a certain date and that exchanges occur at the airport. Tailor your times and locations for exchanges as to what is practical for the overall situation for everyone involved.
Keep in communication with the other parent regarding exchanges. With weather and travel delays, remain flexible and give grace. Especially if you are traveling during the holidays, letting the other parent know that you are on time or delayed helps keep tensions from rising and allows some predictability for your child as well. Confirming details ahead of time and both in real time by text or email can prevent holiday disputes.
Modifying Schedules by Agreement or Court Order
Changes to holiday custody and exchange schedules are best handled through mutual agreement. Parents who work together can temporarily adjust times or days to fit family traditions or special events. Memorializing these agreements via writing, such as text or e-mail, is often enough when the parents are in agreement to change an upcoming holiday.
If you are looking at making permanent changes to the holiday parenting time schedule or if the parents cannot agree, it may be time to attend mediation or file a custody or custody modification action before the Court. If further court action is necessary, a judge will review requests based on the child’s best interests. Keep in mind that court schedules fill up early and you aren’t likely to get before a judge if you wait until the last minute.
Communication Protocols for Holiday Exchanges
Good communication matters, especially during the holidays. Confirm plans early and share any changes right away.
Using written communication, like texts or emails, helps keep a record of all arrangements. This can prevent misunderstandings and provide proof if disagreements arise.
Legal Considerations and Practical Tips for Nebraska Parents
Have a Parenting Plan in Place
If you want the Court’s assistance with holiday disputes, then the Court expects you to get a court order with parenting plan in place. If you are in agreement with the terms, it is generally a matter of filing the court paperwork and paying a court filing fee. It doesn’t have to be timely or costly if the parents are in agreement. This way, the Court has a mechanism to determine and enforce the terms if a dispute later arises between the parents.
If the parents can’t agree on the terms, you may need to file your legal action as soon as you know there is a dispute. Court schedules fill up quickly, especially around the holidays. If you are required to try mediation, the process often takes weeks or more often months to complete between coordinating the schedules of the parents and mediator and the time to prepare in document form any agreement reached in mediation.
Enforcing Court-Ordered Custody Over Christmas
Once you have a court order with parenting plan in place. You need to be familiar with its terms and expect to follow them. Planning ahead, knowing your rights, and communicating clearly can help the holidays go smoothly and prevent a violation of the terms of your court order and parenting plan.
Nebraska judges expect parents to follow their court orders, including custody orders and parenting plans that are integrated into court orders. If a court order sets forth Christmas or holiday parenting time, both parents must honor those terms or risk sanctions from the Court.
If one parent does not comply, the other parent can file an action or motion to enforce the order. Depending on the violation, there are different enforcement actions or motions available. The sanctions can range in severity. The court may order makeup parenting time for less severe violations or up to and including attorney fees, monetary sanctions, and even jail time for more severe violations or repeat offenders.
As the sanctions can be severe, it is often best to file for an emergency custody order immediately if you feel you need to deny holiday parenting time due to a true safety risk. The standard in Nebraska is immediate and irreparable harm shall come to the child if the emergency order is not granted. Thus, this should only be used for true emergencies. The fact that your children don’t want to go anymore as they got into a phone argument with the other parent is not a true emergency. The Courts are looking for things that are true and immediate safety concerns, such as physical violence or illicit drug use. If there is a true safety concern, the Court can enter an emergency order without a hearing and then hear further information from the parties after the holiday has occurred and a hearing date is available.
If a parent believes they have been denied parenting time in the court order or in the parenting plan, the parent should keep written records of the exchange and any missed time. Document dates, times, and keep copies of any communication regarding the holiday schedule and missed time. This helps if legal action becomes necessary.
Keep in mind that written communications, such as texts and e-mails, are common evidence in an action to enforce parenting time. Even if tempers are high or the other parent is treating you unfairly, it is very important to keep your communications professional and respectful. A judge might have less sympathy for you and your case if you resort to rude words or name-calling, even if the other parent is ultimately in the wrong.
Handling Disputes and Unexpected Changes
Disagreements over custody schedules and exchanges during Christmas are not uncommon. If something comes up, try to talk it out or use mediation before heading to court. If you have a neutral party that you both trust, they can also be helpful in resolving or finding another solution without needing formal mediation or court involvement. It’s usually less stressful for everyone if you can keep the dispute out of court.
If an unexpected event occurs, like illness or travel delays, parents should notify each other as soon as possible. When changes are agreed on by both parents, they should confirm the new plan in writing.
Custody schedules and exchanges aren’t easy, but preparation and flexibility can make a big difference. Plan early and give grace when the unexpected occurs.
Best Practices to Minimize Holiday Conflicts
Planning the holiday schedule well in advance helps prevent conflicts. Parents who are separated should create a clear, detailed parenting plan that covers:
- Specific dates and times for custody schedules and exchanges
- Locations for pickup and drop-off
- Communication protocols
Clear communication before and during the holidays helps avoid misunderstandings, supporting both parents’ needs and the child’s well-being for a smoother, more enjoyable season. Good luck and happy holidays!
Law Office of Julie Fowler, PC, LLO
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