If you and your child’s other parent have far more disagreements about your custody agreement and co-parenting plan during the holidays than any other time of year, you are not alone. If you need proof, look no further than the classic holiday movie The Santa Clause.
The Tim Allen flick isn’t just a story about how he becomes Santa Clause. It’s a deep dive into the difficulties that arise when co-parenting — from figuring out who gets custody on big days, to how to incorporate new partners into the mix, and how much to tell your kids about the secrets behind holiday magic.
Fortunately for you, with Attorney Bob Matteucci on your side, you won’t need to decide if Armand Assante has been naughty or nice this year, or give your ex’s new love a vintage Oscar Mayer Wienermobile Whistle, in order to navigate the tricky custody issues that can arise during the holiday season.
Use the Parenting Plan as Your Guide to Holiday Custody
The Santa Clause isn’t just a movie about the man. The film’s title is a play on words about the fine print Tim Allen’s character — Scott Calvin — agreed to when he tried on Santa’s suit. Unbeknownst to Scott, trying on the suit creates a binding magical contract.
This echoes the binding agreement that Scott executed when he and his son Charlie’s mother divorced. The custody agreement and parenting plan spells out exactly who Charlie is going to spend Christmas Eve with.
We see all of this — minus the becoming Santa part — happening during the Christmas season here in Albuquerque. A divorced couple’s custody agreement and parenting plan provide a roadmap for navigating the holiday season. It typically spells out where the child is going to spend time, which is known as ”physical custody”.
And if it is a well-crafted plan, it will also include information about how the family intends to tackle important family and religious traditions. This falls under the umbrella of what is termed “legal custody,” and is typically shared 50/50 under New Mexico law, no matter what the physical custody plan looks like.
Some Practical Considerations As You Make Decisions About Holiday Custody
While the custody agreement and parenting plan are the first place to look when disagreements about a child’s holiday schedule rear their ugly head, it may not be as helpful as you hope.
You can see this in the movie where Charlie complains about spending time with his father, and points out that his parents are always fighting. And it is clear from the parents’ disagreement about filling Charlie in on the secrets to Santa’s magic, that the parenting plan wasn’t as thorough as it perhaps should have been.
If this is sounding familiar, it may be time to make some modifications to your child custody agreement. As your child ages, and you and your former partner’s lives change, it is perfectly reasonable to want to change your custody agreement to match your new reality.
Serving Families with Dignity & Compassion
Creating a fair and consistent schedule for your child is part of harnessing the magic of the holiday season and making sure your child feels the love from both you and your former partner. Your child custody agreement and parenting plan should spell out how you intend to manage the holidays from here on out, but it may need some adjustments as your child grows.
If you have questions about crafting, interpreting, or modifying your child custody agreement, Attorney Bob Matteucci is here for you. Please contact him today to set up a meeting.