Holiday parenting time can become more complicated when the holidays approach, especially for those who share custody. Co-parents often find themselves caught between the desire to maintain cherished traditions and the need for a legal framework in the Centennial State.
If you’re dealing with this, you likely have questions about holiday parenting time under joint custody in Colorado. Below, we break down how holiday parenting schedules work, how courts address disputes, and what rights you may have during this emotionally charged time.
Understanding your rights is the first step toward meaningful holiday time with your children if you’re going through a separation, divorce, or post-decree conflict.
If you still have questions about parenting time during the holidays in Colorado, please contact our Denver child custody lawyers today.
Understanding Holiday Parenting Time in Colorado
Colorado law recognizes that holidays are emotionally important to both parents and children, considering the cherished traditions and memories created. That’s why holiday parenting time is often addressed separately from the regular parenting schedule in a custody agreement (called an Allocation of Parental Responsibilities).
If you’re operating under joint custody in Colorado, parenting time should be split in a way that meets the child’s best interests. The factors courts use to determine what’s fair and appropriate include stability, emotional needs, and parental involvement. The goal is to ensure fairness and consistency, minimizing disruptions to a child’s routine while maximizing their time with each parent.
Many families agree to alternate major holidays each year or split days like Christmas and Thanksgiving between both households. However, not all families agree. When they don’t, the court may need to step in.
Understanding a Typical Co-Parenting Holiday Schedule
While no two agreements are identical, many families use a standard co-parent holiday schedule included in Colorado’s parenting plan form. Some of the most common arrangements include alternating holidays every year, splitting holidays in half (morning with one parent, afternoon with the other), or assigning fixed holidays (e.g., Mom always gets Thanksgiving, Dad always gets Christmas Eve).
Examples of commonly addressed holidays:
- Winter break—alternate entire winter break each year, or split by week.
- Thanksgiving—alternate annually or split Thursday and Friday.
- Christmas/Hanukkah/Kwanzaa—alternate Christmas Eve and Day each year, or divide the holiday.
- Spring break—alternate full breaks yearly.
- Birthdays—alternate or allow both parents time if possible.
Some parents use a template, day planner, or app to avoid missing key dates and reduce last-minute disputes. No matter how the schedule is structured, transparency and early planning make a big difference.
When parents disagree about holiday parenting time, the courts may intervene. Here’s how disputes often unfold:
- If you already have a custody order, you may file a motion to modify or enforce it;
- If the other parent is withholding parenting time, you may be able to request a contempt hearing to penalize the other parent for their bad actions; or
- If you are still negotiating custody, your attorney can help negotiate a holiday schedule as part of the parenting plan.
Courts encourage mediation before litigation in many cases. Colorado even offers Access and Visitation Mediation, which may be a low-conflict alternative to court.
What If My Parenting Plan Doesn’t Include Holidays?
It’s unusual for a parenting plan not to address holiday time. But you still have options if your parenting plan or custody order doesn’t mention holidays. Colorado courts allow parents to modify existing parenting orders to request holiday time. For a modification, the court will require:
- Proof that there has been a substantial change in circumstances since your custody order was created,
- Evidence that the change is in the best interest of the child,
- Reasonable notice to the other parent, and
- A parenting evaluation or mediation.
The court won’t automatically favor holiday time just because one parent wants it. Judges look at the overall impact on the child. If you’re unsure where to start, speaking with a family law attorney is essential.
Why You Need an Attorney for Holiday Parenting Time Disputes
Holiday parenting time disputes involve protecting your relationship with your child and your legal rights. Without legal guidance, you risk missing key court deadlines, failing to provide required evidence, or worse, ending up with a parenting order that doesn’t reflect your needs.
An experienced family law attorney can:
- Help you modify your parenting plan through the courts,
- Prepare persuasive legal arguments based on Colorado custody laws,
- Represent you in mediation or hearings, and
- Advocate for a balanced holiday schedule that fits your child’s best interests.
If you’re seeking joint custody in Colorado or already have it, protecting your parenting time is vital, especially during the holidays. These special occasions provide invaluable opportunities for children to connect with both parents and extended family.
Without clear and legally sound provisions in a parenting plan, holiday periods can become a source of conflict and stress, potentially diminishing the joy and stability for the children involved.
We Support Colorado Families Year-Round
At Plog & Stein, P.C., we’ve helped Colorado families resolve complex parenting time issues for over 20 years. Our attorneys recognize the importance of holiday traditions and are committed to helping you maintain them. Whether you are beginning a custody case or need assistance enforcing an existing order, we prioritize protecting your time with your child.
Our team offers practical advice, effective courtroom strategies, and in-depth knowledge of family law courts across Colorado.
Want Holiday Parenting Time? Let Us Assist You Today
If you’re asking whether you can get holiday parenting time in Colorado, it’s likely because something about your current arrangement doesn’t feel right, and that’s understandable. The good news? There are legal paths forward.
Call us today, and let us help you take that step before the holidays arrive. We’ll evaluate your case, help you understand your rights, and work toward a schedule that puts your child first.
FAQs About Holiday Parenting Time in Colorado
Can I Get Holiday Parenting Time If I Don’t Have Custody Yet?
If you’re still in the process of a custody case, you can request temporary orders that include holiday parenting time. Courts consider the child’s best interests when determining whether to grant this request.
What If the Other Parent Is Violating Our Holiday Schedule?
You can file a motion for enforcement with the court. If the violation is willful, the court may award you additional time or penalize the other parent.
Is Mediation Required for Holiday Parenting Disputes?
Courts often recommend or mandate mediation before scheduling a hearing. Mediation can resolve issues faster and with less conflict than going to court.
Can We Create Our Own Joint Custody Holiday Schedule Without the Court?
If both parents agree, you can draft a written agreement outlining holiday time and submit it to the court for approval. This can save time and minimize conflicts.
Where Can I Find a Co-Parenting Holiday Schedule Template?
The Colorado Judicial Branch and local court websites provide the proper forms and offer planning tools.
