Although it may be possible to modify child custody at any point in time, the holidays present unique challenges that may make modifications especially important. If you are thinking about modifying your child custody in Georgia during the holidays, you are not alone. An experienced custody lawyer may be able to guide you through this process.
Who Gets to Spend Christmas With the Children After Divorce?
For many parents, Christmas represents an opportunity to form priceless memories with their children. After a divorce or separation, parents may fear that these moments are no longer possible.
Ideally, you should resolve this question as soon as possible after your divorce or separation. Parents may agree on how to divide these moments during private child custody negotiations. Generally speaking, divorcing parents must attempt mediation before resolving custody disputes in court. Mediation represents an excellent time to agree on how to handle Christmas.
If parents cannot agree on how to handle this issue, they may need to go to court. At the conclusion of this litigated custody battle, a family court judge may decide how and where the child will spend Christmas. They will base this decision on the child’s best interests, as outlined in Georgia’s child custody laws.
Two options are most popular in this situation: The child may spend Christmas with a different parent each year, and the same logic may apply to virtually every other major holiday. The other option is more complex, and it involves the child spending part of Christmas day with each parent. Typically, the child spends Christmas morning with one parent and Christmas afternoon with the other.
What if I Do Not Want My Child to Celebrate Christmas at All?
If you have shared legal custody (the most common outcome in Georgia), you have a say in how your child is raised. This extends to religious decisions, and you may not want your child to celebrate Christmas at all. For example, the child may have been raised in a Christian family – but perhaps you converted to Islam after divorcing your ex. In this situation, you might want your child to abandon their Christian faith and celebrate Eid instead. Perhaps you are an atheist, and you do not want your child to participate in any religion.
Whatever the case may be, you might need to petition for a modification of legal custody in order to achieve your goals. Keep in mind that in order to take control of your child’s religious faith, you must demonstrate that your desires align with the child’s best interests. It may be difficult to convince a family judge to let you forcibly change a child’s religion, especially if it represents a source of familiarity and joy for them.
Can a Child Custody Lawyer in Georgia Help Me During the Holidays?
An experienced child custody lawyer may be able to help you navigate various challenges during the holiday period. These might include co-parenting schedules, questions regarding religion, and much more. To learn more about your next steps, consider contacting Lankford & Moore Law at your earliest convenience.
