When parents separate, Christmas can become a big source of conflict, particularly when both parents want to spend holiday time with the kids. What happens when the parents ultimately can’t agree about where their children spend Christmas Eve, Christmas morning or Christmas vacation in general and there’s no custody order in place?
In Georgia, the answer depends partly on whether the parents are married and whether both have established legal custody rights. Without a court order, resolving disagreements over holiday parenting time can be more complicated than either parent expects.
Married parents generally have equal custody rights, while unmarried parents do not
When married parents have separated and there is no custody order, both generally have equal rights to their children. If they can’t reach an agreement on how to handle parenting time, they may need to ask the court to establish temporary custody and parenting time arrangements.
The rules are different for unmarried parents. Under Georgia law, the mother of a child born outside marriage generally has sole custody unless the father has taken the necessary steps to “legitimize” the child. If he has done that, the father can then seek a custody and visitation order.
What can parents do when they disagree?
Even without a custody order, separated parents can work out a holiday arrangement themselves. They might:
- Split the holiday: Maybe one parent gets Christmas Eve and morning while the other has the afternoon and evening of Christmas Day.
- Alternate holidays: For example, one parent gets the kids on Christmas this year and the other gets them the next year.
- Divide winter break: The children spend part of their school vacation with each parent.
- Celebrate on different days: One parent celebrates Christmas on another day (such as the 26th), allowing both households to enjoy the holiday season their own way.
It’s important to note that an informal agreement doesn’t provide the same legal protections as a court order if one parent decides not to follow the plan.
Don’t wait until the holidays to start negotiations
Georgia parenting plans can specify holiday schedules, exchange times, transportation responsibilities and other details that might otherwise lead to arguments. Getting custody issues settled can make future holidays far less stressful for everyone.