All Things Family Law

Discussion of all things related to family law from an Indiana divorce attorney.

This blog provides general family law and divorce law information. If you have a specific issue or case you need assistance with please contact me directly. 

Holiday Parenting Time - What Time Does Christmas Eve Start?

Believe it or not this is a real issue, especially this year. As detailed in a previous post, for 2009-2010 the Winter holidays are as follows:

If your child gets out of school on December 18th and goes back on January 4th, one interpretation of the Guidelines for the winter holidays in 2010 is as follows:
Thanksgiving Break - with custodial parent in 2009.
Winter School Break - with noncustodial parent from December 18th at 8 p.m. until December 24, then the custodial parent would have the child from December 24th until December 30th at 7 p.m., whereupon the noncustodial parent would have the child from December 30th at 7 p.m. through January 3rd at 7 p.m. However, the noncustodial parent would also have the child from noon until 9 p.m. on December 25th.

When this was first posted it seemed comprehensive enough. But since then, with a transfer date of December 24th, a popular question in my office has been - "when does christmas eve begin?" While there are many 'right' answers as to what time christmas eve begins...the real issue is what time the child must be transferred on December 24th. Of course the best way to handle this is to consider both parents schedules and preferences and come up with a reasonable time; however, in some cases having the parents jointly determine a reasonable time is like trying to nail jello to the wall. It is impossible.

Holiday parenting time disputes bring out the best or worst in parents, and if your divorce attorney is getting the call, it is likely the worst. So, if you do the math, by the hour the midpoint between December 18th at and December 30th at 7 p.m. is 7:30 p.m. on December 24th.

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