The holidays are the best time of year for some people… but can also be the worst for others. It often presents a myriad of family law issues depending on the person’s situation, but many times the main challenges are regarding family.
Here are the family law issues we see repeatedly causing the most conflict around the holidays.
Divorce from the Divorce Discussion
Divorce can be challenging for most families, especially those with children. So if you’re a couple considering divorce, you may want to put it off a few months until you get past the holidays. That way, you can let the family enjoy this time of year without having it overshadowed by the future split.
Suppose the divorce is already moving forward, and the family knows about it. In that case, we recommend doing what you can to keep the conversation civil.
- Don’t be dishonest about anything
- Set boundaries on what you’ll talk about with your family
- Don’t discuss the divorce with your relatives or in-laws. If they push it, remove yourself.
That said – all of this is assuming there is no abuse involved. If there is, talk to a domestic violence attorney ASAP. They can help you explore your options to get out of the abusive relationship.
Managing Who Gets the Children for the Holidays
You have three options for managing this at a high level.
- One parent gets the kids for half the day. The other parent gets the other half
- Parent A has the kids all day, and Parent B celebrates the holiday another day.
- The parents alternate – maybe Parent A has the kids for Thanksgiving, and Parent B gets Christmas with the children.
Everyone does different things. It just depends on your specific situation. For example, if the parents live far apart, having the children celebrate with both parents on the actual holiday could be difficult.
Unfortunately, things come up sometimes, and someone’s schedule may change. Maybe the son’s basketball team made it into the finals, and they’ll play a game on Christmas Eve, messing up everyone’s plans. Perhaps a parent has to travel for work on a last-minute trip.
Stuff happens. That’s why it’s essential to be flexible so you can change your plans as the need arises.
Rushed Proposals Can Bite You Later On
A prenuptial agreement is something we generally recommend people at least consider before they propose. Even though it’s stereotyped as something only the ultra-rich consider, it’s something that anyone with assets should consider.
What does this have to do with the holidays? Well, Christmas day is the most popular day of the year for marriage proposals. Everyone is caught up in the joy and excitement of the holidays, so it seems like a great day to propose.
However, the problem isn’t the proposal or the day… it’s a rushed proposal. If you want a prenup but propose without talking to your significant other first, that may come back to haunt you.
Whenever you have a question about custody, holiday planning, prenups, or any other kind of family law question, call us at 714.456.9118 or contact us. We’ll help in any way we can!