Holidays are traditionally a time for family, and often, each parent wants the children to be with them. In Michigan, holiday parenting time is scheduled through parenting time orders. A parenting time violation over the holidays can be devastating to the parent who is being denied their parenting time. If you live in Mid-Michigan, whether in Ingham, Eaton, Clinton, or Jackson County, understanding your legal options is critical to ensuring peace for the children and consistent holiday schedules.
Parenting Time Orders and Holiday Schedules
Michigan law requires that parenting time be granted in the best interests of the child. Family court judges in Ingham, Clinton, Eaton and surrounding counties strongly encourage detailed parenting time orders because holidays are unique and essential family traditions. The idea is that these holiday schedules are decided ahead of time, so the children and both parents know what to expect and there are fewer issues when the holidays come around.
Holiday schedules usually take priority over the regular weekly parenting schedule. Some common holiday schedules are:
- One parent may have the child for Thanksgiving in odd-numbered years, while the other has the child in even-numbered years.
- Winter break may be divided equally, alternating Christmas Eve/Christmas Day between parents.
- Spring break, Fourth of July, and other holidays may rotate annually.
What Happens When a Parent Violates Holiday Parenting Time?
While creating a detailed parenting time schedule that includes holiday changes can limit issues arising later, it does not always eliminate them. An example of a common issue is when a parent decides they want a particular holiday that they are not scheduled to have and refuses to return the child. If a problem such as this arises, the other parent should contact their attorney as soon as possible to discuss what legal options they have under their circumstances. Sometimes, these issues can be handled quickly at the Friend of the Court office. Other times, a contempt of court hearing is scheduled with the Circuit Court judge.
Under Michigan law, an interference with parenting time (such as the issue mentioned above) is considered a custody or parenting time order violation. The Friend of the Court (FOC) can often help enforce these orders when there is a violation. If a parent wrongfully denies holiday parenting time, the other parent’s attorney can file a complaint with the FOC or bring the matter before the judge by filing a “show cause” hearing.
Potential remedies include:
- Make-up parenting time to restore lost time over the holiday.
- Modification of the parenting time order may be necessary if there are repeated violations or if the current order no longer suits the needs of the family.
- Fines or contempt proceedings for numerous deliberate violations.
Why Legal Representation Matters in Holiday Parenting Time Disputes
The process of enforcing holiday parenting time is rarely straightforward. These types of disputes can quickly escalate into motions, contempt hearings, or long-term custody modifications. The situation can become more complex and emotionally charged when court proceedings are delayed due to the courts being closed over holidays.
An experienced Mid-Michigan family law attorney can:
- Explain your rights and advise you on what you should or should not do.
- Negotiate solutions that reduce conflict and protect your child’s well-being.
- Draft or modify detailed holiday parenting time schedules.
- File timely enforcement motions when a parent is denied holiday time.
- Represent you before the FOC or the judge to ensure your rights are protected.
Schedule a Consultation Today!
The holidays should be a time of joy for your children, rather than a time of stress. At The Kronzek Firm, we understand how devastating it can be when you are wrongfully denied your parenting time, especially over a holiday. We have handled hundreds of parenting time disputes throughout Mid-Michigan, including Ingham, Jackson, Ionia, Clinton, and Eaton Counties. We are here to help give you peace of mind by explaining your rights and working with you to protect your time with your child. Having a skilled attorney who knows enforcement often requires quick legal action can make all the difference in the outcome of your case.
If you are having parenting time violations over Christmas, Thanksgiving, or other special occasions, consulting with one of our experienced Mid-Michigan custody and parenting time attorneys is a strong step to protecting your family holiday traditions.
📞 Our highly respected attorneys have fought for thousands of Michigan clients for more than 30 years. You can reach our Lansing office 24/7 by calling (517) 886-1000 or by email at contactus@kronzek.law.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]