Tag Archive for: Family law

Who Receives Child Tax Credits After Divorce?

Single, married or separated, as a parent, your top priority is to provide for your children and ensure that they have the most secure future possible. Here’s what you need to know about understanding Child Tax Credits amid divorce. 

Child tax credit is important if you have dependent children in your family. If you are currently going through divorce, or have already dissolved your marriage, you could be left with even more questions.

Here’s what you need to know.

What are the Child Tax Credits?

 Child Tax Credits are a federal tax credit that provides financial support to families with children.

As part of a 2021 coronavirus relief package, significant modifications were made to the country’s tax legislation. Many U.S. residents consequently earned additional Child Tax Credit relief, which was given out as monthly payments of up to 300 dollars per child. The IRS paid a portion of the Child Tax Credit in advance for a portion of 2021. Both in 2022 and 2023, those advance payments were not scheduled to be made available.

The Child Tax Credit was reduced to 2,000 dollars per eligible child for tax year 2022, and the 300 dollars advance monthly installments were no longer available.

The Child Tax Credit is scheduled to stay at 2,000 dollars per eligible child for tax year 2023, but without any upfront monthly payments.

What if I am Separated or Divorced?

If you are divorced, which parent gets the tax credits? When the terms of the divorce clearly identify a custodial parent — the parent who has primary custody of the child — that parent is legally entitled to claim the child as a dependent and receive any associated assistance.

As per the conditions of the credit, generally it is not possible to split the payment and therefore only one parent can claim it each year.

There is a special rule for divorced or separated parents or parents who live apart for the last 6 months of the calendar year. If the requirements of the special rule are satisfied, then the child is treated as the qualifying child of the noncustodial parent for purposes of the child tax credit/credit for other dependents, while the custodial parent may claim the dependent care credit and EITC, under the general rules.

For more information, see ‘Applying the tiebreaker rules to divorced or separated parents (or parents who live apart)’ in Pub. 501 and ‘Special rule for divorced or separated parents (or parents who live apart)’ in Publication 596. See Publication 501, Dependents, Standard Deduction, and Filing Information, for more information.

If you mistakenly claimed the child as your dependent, you should unenroll from receiving the monthly payments. Otherwise, you may have to pay that money back next year.

Are All Parents Eligible for Receiving Child Tax Credit?

No. In order to be eligible for the Child Tax Credit, parents must file taxes and meet certain residency and income standards.

You can claim the Child Tax Credit for each qualifying child who has a Social Security number that is valid for employment in the United States.

To be a qualifying child for the 2022/3 tax year, your dependent generally must:

  • Be under age 17 at the end of the year
  • Be your son, daughter, stepchild, eligible foster child, brother, sister, stepbrother, stepsister, half-brother, half-sister, or a descendant of one of these (for example, a grandchild, niece or nephew)
  • Provide no more than half of their own financial support during the year
  • Have lived with you for more than half the year
  • Be properly claimed as your dependent on your tax return
  • Not file a joint return with their spouse for the tax year or file it only to claim a refund of withheld income tax or estimated tax paid
  • Have been a U.S. citizen, U.S. national or U.S. resident alien

You can claim the Child Tax Credit by entering your children and other dependents on Form 1040, U.S. Individual Income Tax Return, and attaching a completed Schedule 8812, Credits for Qualifying Children and Other Dependents.

Still Disputing Tax Credits with Your Ex?

If you are still unsure of who the main custodial parent is, or you have no solid parentage, parenting time or allocation of parental responsibilities schedules in place, generally, the custodial parent is the parent who has physical custody of the child for the greater portion of the calendar year. If there are still disputes over who should get the money, a parent could file with the courts.

Navigating the system can be complex and overwhelming. It’s essential you understand your rights and make an accurate claim. If you do decide to take it to court or if you need advice on your situation, it’s best to speak with the experienced family law attorneys at Masters Law Group. We can help you understand the issues that will affect you, including your ability to claim children as dependents and receive tax credits.

Schedule your consultation here today.

Top 5 Family Law Issues Over the Holidays

The holidays are often spent with family. For some people, this is an exciting time of the year. For others, it is a source of stress. For divorced couples, how do you share custody during the holidays? Can you change a custody agreement in Illinois? What about grandparent visitation rights? Read on to learn more about the most common family law issues during the holidays and some potential solutions.

The holidays can be a difficult time for a lot of people. Some grapple with the loss of a loved one over holidays. Some couples put off their divorces until after the holiday season. Some people struggle to spend a lot of time with their families.

While the holidays can be a wonderful time, they can also come with a lot of tension. If you are struggling during the holiday season, you are not alone. Here are the top 5 family law issues that occur during the holidays.

  1. Couples Putting off Divorce

Going through a divorce can be a stressful experience in someone’s life. Unfortunately, it’s common for couples who wish to get a divorce to hold off until after the holidays. They tend to do so for the sake of the kids and other family members, but it can be hard to keep a brave face with an impending divorce looming as soon as the holiday magic is gone. It is important to know that this is something many couples struggle with.

  1. Rushed Proposals

Proposals are a common occurrence during the holiday season. In fact, Christmas Day is the most popular day to propose. Because of the excitement of the holidays, many people rush into proposals without considering all the legal issues to take into account. For example, do you know if you want your partner to sign a prenuptial agreement?

Legally, an engagement ring is considered a “conditional gift” based on the marriage taking place and the ring goes back to the purchaser if the engagement is broken, regardless of who ends it. But rings given on Christmas, Valentine’s Day or birthdays are typically classified as more traditional gifts, and the majority of courts have allowed the receiver to keep them. 

  1. Making a Holiday Parenting Plan/Schedule

When it comes down to it, the most difficult aspect of child custody during the holidays is figuring out who will be where and when. The next hardest component is making that schedule happen. Be realistic with the holiday itinerary and consider input from the children, if possible. Be proactive and create a Holiday Parenting Plan. Here are some considerations:

  1. Identify the specific holidays that are important to you and your family.
  2. Be specific about the times that define the holiday.
  3. Consider whether or not the holiday may or will involve travel. It is important to build this into your holiday plan even if you do not plan to travel every year.
  4. Consider whether or not the holiday can be incorporated into the regular parenting time plan.
  5. Consider whether or not it is possible to have the holiday included. For example, some holidays are during the school day (Halloween) and if you decide you want to split the holiday, how will that happen once the children are in school? Dividing this time means that one parent is transporting the children during prime trick or treating time. Is this really what you want for your children?

4. Changes to custody agreements

Often, divorced couples with children wish to change their custody agreements as the holidays roll around. When seeking a modification, a motion to modify custody must be filed. The motion must be filed in the county where the original custody order was signed. If the child no longer lives in that county, it may be possible to have the case transferred. This can be difficult to do at the last minute, so you should contact our firm to discuss your options. If you are facing an issue where your child has been taken overseas by the other parent, you could be entitled to file legal action under the Hague Convention for international parental child abduction. 

  1. Questions about visitation

Many families have questions about custody and visitation rights. What rights do grandparents have to see their grandkids over the holidays? Unfortunately for the state of Illinois, it does not provide for any visitation to grandparents or other non-parents by default. Unless it’s proven to harm the child, parents are given the discretion to choose who their child has a relationship with or not. 

In the event a grandparent is trying to petition for visitation rights, they must show that a relationship existed with the children before a divorce. In other words, a court may help restore an existing relationship but will not help build a new one.

Final Thoughts

Holiday parenting time issues are extremely common.  They often create strong emotional responses from each parent because not only is it their parenting time, but also it frequently includes extended family members visiting or who have traveled to see the children. In the event of battling with an ex over visitation schedules, or any other family law issue such as divorce or even post-divorce disputes: Remember, if you’re facing any of these issues you aren’t alone. We’ve seen and heard it all and are here to serve and guide you through this season.

Get in touch with our award-winning Masters Law Group Attorneys today for help figuring out a solution to your problem. 

 

Can Your Ex-Spouse Just Move Away with The Kids?

Is your ex-spouse trying to move away with your children? One of the most difficult parts of a divorce is seeing your children less, and if your spouse moves away, it could make that even more difficult. Luckily, with the help of a Chicago family and divorce law firm, we can help prevent this from happening. 

Here are some factors that could affect the outcome if your ex-spouse wants to move your children away.

The custody arrangement

Now called Parenting Time, the child custody arrangement will affect whether or not your ex can move with your children. If you have partial custody, it’s unlikely that they can legally move far away. If you don’t have partial custody, and only have regular visits, there’s still a good chance the courts will not allow them to.

What is the distance of the move?

In several states, there is a specified range in which an ex-spouse can move with your children without at least giving notice. Typically, it must be within 50-100 miles.

Did they give formal notice?

Oftentimes, your ex-spouse must give a formal notice prior to moving. It should be in the form of a legal document and should include the destination, why they’re moving and a visitation plan. It should also be given at least 60 days before the move date.

Relocation trial

You have 30 days to object to the move when your ex-spouse proposes it, which will then result in a relocation trial. In most states, the courts treat staying in the same location as the norm, so your ex’s lawyers will have to be the ones arguing for the move. They will have to prove that the relocation is in your childrens’ best interests. There aren’t specific rules for these situations, so judges generally make different decisions case by case. The primary factors looked at by the courts include:

  • Custody arrangements
  • The distance of the move
  • The motivation of both parties
  • What is in the childrens’ best interest

Getting Professional Advice from Masters Law Group

At Masters Law Group, we specialize in all family law related matters and focus on helping clients assert their rights to further the best interest of their children.

We offer a wide range of services tailored to our clients’ unique legal needs and have a depth of knowledge, experience and talent in the Family Law and Divorce field.

If your ex-spouse is proposing to move away with your kids, we can help. Contact us to schedule your consultation here today. 

—————————————————————————————————————————————————————————

PARENTING TIME SERVICES WITH MASTERS LAW-GROUP

Whether to hire a lawyer or navigate child custody solo is one of the first considerations for parents who are petitioning the court for child custody.

Parenting Time of your child is a very emotional law topic. Parenting Time rights may be determined by the agreement of the parties or by a court order.

Masters Law Group represents individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule. Learn more and set up a consultation with us here today.

5 Reasons to Hire a Family Law Attorney

While Illinois has no law requiring you hire a family law attorney in a family law case, there are good reasons why working with an experienced professional is in your best interest. 

Divorce, divorce mediation, child custody, parental responsibilities, domestic abuse. These (and more) are all daunting cases for any individual having to face them, especially because these sensitive subjects of law involves loved ones. To manage emotions and avoid a complicated legal process, hiring an experienced family law attorney could be extremely advantageous.

Here are five reasons to work with a legal professional in your Illinois family law case.

Objectivity

As an “outsider”, a family law attorney can be much more objective about your case than yourself, and/or family and friends. Especially when experiencing a highly complex issue and emotions are running high. Having a family law attorney in your corner means that you have a professional who can offer objective, fact- and experience-based advice regarding your divorce. A family law attorney can help you avoid going for a quick resolution that leaves you at a long-term financial or parenting disadvantage.

Legal Protection

From bullying-tactics, “I’m taking everything from you.” to unlawful threats “You’ll never see the kids again.” – It’s hard for anyone to know the legalities behind battling a family law case when they’re experiencing it for the first time. An experienced attorney however, is well aware of the law and experienced in outcomes of similar cases.

In addition, for cases involving domestic abuse, you can have an attorney help you observe the precautions you need to follow to keep you and your children safe, such as orders of protection.

Family Law and Legal Proceedings Knowledge

There’s a lot of red tape and substantial paperwork when it comes to family law proceedings. And that’s before it goes to trial. This alone can be especially overwhelming if you’re trying to go it alone. If you haven’t prepared the correct paperwork, the judge could exclude any – or all – of the paper work presented to him/her. By hiring a family law attorney, you can rest assured the correct paperwork is submitted at the correct time. Consequently, you will not have to sweat about your case being thrown out as early as possible.

Court Experience

If a trial becomes necessary, a family law attorney can avidly represent you in court and work toward achieving the best possible jury verdict in your favor. Experienced attorneys can make sure that their client is prepared for everything that is going to happen when they enter the room, and will know exactly how to handle any particular situation that arises during the pendency of a family law case. This will keep the judge happy and the proceedings running smoothly and efficiently.

Peace of Mind

Ultimately, one of the best benefits of hiring a family law attorney to represent your interests in a case is the fact that you will be able to trust your legal issues are being duly dealt with. Whenever you have an issue or a family matter that requires legal representation, it’s essential to seek the assistance of a knowledgeable and experienced professional.

Legal issues around family law are incredibly emotional and time consuming, and your attorney will take a great deal of stress off your plate. Your attorney will also provide peace of mind by reassuring you that your case is in experienced, capable hands.

Family Law with Masters Law Group

If you are facing a family law issue, contact the family law attorneys at Masters Law Group. Located in Chicago, Illinois, the firm handles family law matters in Cook County and surrounding counties. Masters Law Group concentrates in area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and related family matters.

We offer a wide range of services tailored to our clients’ unique legal needs. Masters Law Group LLC has a unique depth of knowledge, experience and talent in the Family Law and Divorce field. Click here to view our practice areas. And click here to set up a consultation today.

Divorce or Legal Separation: What’s best for you?

During the inevitably stressful time of going through a break up, it’s important to go through your options. To best determine what type of separation is best for you and your family, let’s first understand the difference between divorce and legal separation.

Divorce vs. Legal Separation

Your first thought may immediately go to divorce, and that is understandable due to it being the most common approach to seemingly irreconcilable differences. However, you have another option that is less permanent that is worth considering. There is a large difference between deciding to be physically separated from your spouse and legally separated from them.

A divorce means your marriage is 100% legally over, the court can assist in determining the allocation of parental responsibilities, parenting time, and child support. The court can also determine spousal support and divide property. Couples that have decided they can’t reconcile may be ready for an immediate divorce. However, even if you believe you will ultimately file for a divorce, a legal separation is worth to consider.

A legal separation is a less permanent option, meaning you’re living apart but still legally married. If you don’t think you can live with your spouse, you can file for legal separation. Obtaining a legal separation does not prevent you or your spouse from obtaining a divorce later. Legal separation is less emotionally taxing than divorce because the permanence of a divorce isn’t there which still allows for the legal relationship to exist between the married couple. The court can order a separation between you and your spouse, and it would include similar aspects to a divorce such as allocation of child support and custody arrangements.

When is a legal separation the better option?

Divorce may be the best option for you, it often is for many couples. However, there are some situations where a legal separation rather than divorcing straight away would make the most sense.

  • You’re not sure if your partnership is ready for a divorce, you just need some separation
  • Your religion doesn’t permit divorce
  • Certain benefits are at risk such as health insurance, social security, and others

As much as you may feel differently now, most couples are capable of making a compromise or would agree to a specified time to attempt to reconcile their differences. For troubled marriages, a legal separation is a solution that is often overlooked, but proven very effective for many couples that give it a go. The separation may ultimately lead to a divorce, but at least you can rest assured that you did everything that you could to try to repair your marriage.

Additional common questions about legal separation in Illinois

– Can I still get a Legal separation if my spouse does not live in Illinois?

Yes, you can still get a legal separation granted by the court when your spouse doesn’t live in Illinois, or never has lived there. Something the court may potentially not be able to decide upon in this scenario is custody of children.

– Can custody be decided in a legal separation?

Yes, custody can be decided between the partners if the child has lived in Illinois for over 6 months.

– How long do you have to live in Illinois to file for a legal separation?

You have to be living in Illinois for at least 90 days.

– Where should you begin with this overwhelming decision?

Hiring an experienced legal advocate that is well-versed in family law will be the best option for you moving forward. They can help explain this process to you and is the greatest way to ensure the best possible outcome that is custom and unique to your family’s situation.

At Masters Law Group, we provide divorce and legal separation services and also represent clients involved in these matters. If you are looking to explore your options on divorce or legal separation with professional and experienced advisors, contact Masters Law Group to schedule an appointment here.

 

 

Child Custody During COVID-19 and The Holidays

Dealing with child custody issues is stressful enough. Dealing with child custody issues during the COVID holidays poses an entirely complicated dilemma. Here’s how keep the magic alive for your children and ensure that the 2020 holidays are your best yet.

Shared custody is raising COVID-19 concerns as kids travel between households for the holidays this year. Millions of children split their time between parents every week and even more so during the holidays, but concerns over pandemic safety can make that time even more stressful.

Parents are facing unforeseen issues this year such as:

  • The child having to travel to another part of the state, or another state altogether, to visit their parent
  • One parent living in a COVID-19 hotspot
  • One parent had COVID-19 or is currently experiencing symptoms
  • One parent is not being careful about COVID-19 and could be putting the child in danger
  • One parent does not feel the virus is a true health threat
  • One parent is immunocompromised and in isolation
  • There may be a second wave and more shelter-in-place orders

These new and complex issues may be even more difficult if the courts backed up with cases because of the nationwide lockdowns this past year.

If you’re concerned about COVID-19 and your child’s holiday visitation schedule, then there are steps you can take to work it out with your co-parent, and then go directly to the court to ensure it is legally binding.

Parenting Time COVID Rules

Unless your specific court order prevents out-of-state travel or has other restrictions, then generally speaking, each parent may choose to travel during the holidays even during the pandemic, whether or not the other parent agrees. However, violating state travel laws, CDC and state quarantine guidelines and court-ordered visitation arrangements can potentially affect a custody case. Furthermore, personal issues may also arise when one parent feels safe with airline travel or interstate travel and the other parent prefers to stay at home and self-isolate.

First and foremost, if you chose to travel with your children during the holidays, check in advance for any quarantine restrictions. Following state-imposed guidelines while traveling and attending events during the holidays will help minimize or reduce any potential impact to your custody arrangement.

In Illinois, the Department of Public Health (IDPH) is offering recommendations on how to celebrate safer during the COVID-19 pandemic.  During a time when social distancing and limiting the number of people at gatherings is important, special considerations should be taken.

“COVID-19 has changed the way we work, live, and play, and will now change how we plan to celebrate the holidays,” said IDPH Director Dr. Ngozi Ezike.  “While the safest way to celebrate is with members of your household and connecting with others virtually, we know, for many, the holidays are all about family and friends, so we want to provide some tips on how to celebrate safer.”

The guidelines also say if you are hosting a holiday gathering, limit the number of guests and try to have as many activities outside as weather permits.

What this Means for Separated Parents

This is going to be a long winter for our country, businesses, schools, and families — no doubt. It will take a child-focused, selfless perspective by countless co-parents this holiday season in how to best approach visitation and traditions with families and children.

First and foremost, you must remember that child custody agreements in Illinois, and in every other state, are legally binding. As long as a parent is following these state guidelines for COVID-19 restrictions, most judges will not alter custody orders to prevent one parent from traveling with the children.

While it’s tempting to want to ask that you have your children for the entire holiday season, you should not be angry or upset with your ex-partner if you are denied this due to the schedule set by the court. This year, it is highly suggested that people who live together celebrate together, rather than mixing households. Consider hosting a virtual holiday get together or check in with your kids and mailing your gifts instead. We know it hurts to not be able to visit your children for the holidays, but if it means risking your own life to do so, it’s worthwhile to heavily consider the alternatives.

If you believe a holiday visitation or celebration could place your child and your family at a heightened risk for COVID-19, you should communicate this fact to the other parent and/or your attorney. Offer some safer options and attempt to be as flexible and compassionate as possible. Always try to set emotion aside and as parents, choose what is best for your children and your family as a whole.

Final Thoughts

This is going to be a long winter for our country, businesses, schools, and families — no doubt. It will take a child-focused, selfless perspective by countless co-parents this holiday season in how to best approach visitation and traditions with families and children. Most of all, keep in mind who the holidays are the most special for: your children.

If you need legal assistance to modify a child custody or parenting time agreement to reflect new choices that better keep your family safe, contact the experienced attorneys at Masters Law Group. We represents individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule.

 

Filing for a Divorce in Illinois

If a breakup is in your future, you’re probably wondering where to start when it comes to divorce proceedings. You may also be worried about legalities, how much time it will take, and whether you’re making the right move. 

No one enters into a marriage expecting it to fail. Still, more than 20 percent of first marriages end in divorce within five years, and 48 percent of marriages dissolve by the 20-year mark, according to data from the government’s National Survey of Family Growth.

If you’re contemplating divorce in Illinois, you’ll need to follow certain procedures to start your case. You can file for divorce on your own or with the recommended help of a family law attorney. Here, Masters Law Group outlines the process of divorcing and some helpful information to assist you along the way.

*Each state in America has its own laws regarding terminating a marriage. The following steps will help you get a head start on your divorce proceedings in the state of Illinois.

Getting Started

Asides from contacting your Illinois-based family law attorney, as soon as one or both parties decide that divorce is absolutely the only answer, the first step is filing the paperwork with your local court clerk. The forms you complete may vary from county to county, so it is important that you do some research based on where you live. Wherever you live, however, you will need to file what is called a “petition for dissolution of marriage.” The forms are a bit different if you have children. For example, you will need to file a joint parenting agreement, uniform order of support, and visitation forms if you have children. You can also find other required forms on the Illinois court website.

Historically, the state offered two types of divorce: fault-based and no-fault divorces. Today, irreconcilable differences are the only grounds for divorce in Illinois, meaning Illinois is a no-fault divorce only state.

You must meet certain requirements before you can be granted a divorce in Illinois. These are:

  • Your divorce must be due to “irreconcilable differences;” and
  • You or your spouse must have lived in Illinois for at least 90 days prior to starting your divorce proceedings.

There is a “separate and apart” waiting period intended to allow the parties to cool down and reconsider the decision to divorce. In Illinois, this is a period of six months. You can waive this waiting period by written agreement.

Although the law specifically prohibits judges from analyzing fault when dividing property in a divorce, judges may evaluate whether or not one spouse dissipated marital assets during the marriage.

Contested Divorces

A contested divorce happens when both spouses want a divorce but can’t agree on some of the terms of the divorce, like custody and spousal support. It can also occur if the spouse does not respond to the divorce petition.

In contested divorces, the judge may order you to go through additional steps like divorce mediation. The mediation can result in an agreed settlement between the parties.

If mediation doesn’t work, your case will go to trial, and the judge will make the final determination on specific issues you and your spouse couldn’t agree on.

Alternative Procedures

If you and your spouse don’t have any children, have little money, and agree on everything, Illinois courts may allow you to have what is called a joint and simplified divorce.

You and your spouse can file a Joint Petition for Simplified Dissolution of Marriage if:

  • no spousal support (alimony) will be paid
  • no-fault grounds are used
  • there are no children and the wife is not pregnant
  • you have not been married more than 8 years
  • neither of you have any real property
  • the total equity in your marital property is less than $10,000
  • the combined annual income of you and your spouse is less than $35,000
  • neither of you earn more than $20,000 annually
  • you both disclosed your assets and tax returns for the years you were married, and
  • you and your spouse have a written agreement dividing all of your property in excess of $100 in value, and allocating who will be responsible for each debt owed.

If you don’t meet the requirements for the Simplified procedure, but you and your spouse are in agreement on all matters, you may still file an uncontested divorce using the standard procedure.

Legal Separation

Illinois is one of the states that recognize legal separation. Legal separation does not permanently end the marriage. However, a judge must approve the separation agreement, which defines the spouses’ legal rights and obligations.

For individuals with religious concerns or insurance issues who may be discourage from seeking a formal divorce a legal separation could be the preferred course of action.  With a legal separation, many of the same issues determined in a divorce can be adjudicated, but without the finality of a legal divorce being granted.

This is a good option if you don’t want a divorce but want to live separately and want legal clarification on matters concerning child custody, child support, child custody, and property division.

Civil Union Divorce

Civil unions allow two adults, of either the same or opposite sex, to enter into a legally recognized relationship. Several unique issues can arise during the process of establishing or dissolving a civil union, so it is vital to have a knowledgeable lawyer to guide you through every step.

Dissolving a civil union is nearly the same as dissolving a marriage. Any couple who wishes to dissolve a civil union will be able to do so in the State of Illinois. To receive a certified copy of a Dissolution of Civil Union records, an interested couple will need to go to the county circuit court clerk where the civil union was granted.

Getting the Help You Need with Masters Law Group

Even a no-fault divorce is a complicated legal process, particularly when children or high assets are involved.

Whether you are facing a contested divorce, uncontested divorce, or a civil union divorce, the experienced attorneys at Masters Law Group are ready to skillfully advocate for your position and provide your voice when you need it most.

Masters Law Group is skilled at identifying and valuing assets and wealth, including real estate, securities, business interests, retirement funds, pension plans, tax shelters (domestic and foreign), overseas accounts, stock options, trusts and other actual or potential sources of wealth.

If you are seeking answers to questions regarding divorce, separation, child support and other matters, contact Chicago’s premier family law group here today to schedule a consultation.

Making a Parenting Plan for Thanksgiving

If this is your first Thanksgiving as a divorced or separated parent, there could be a lot of confusion wondering how to create a fair parenting plan. If the holiday periods haven’t been defined in the custodial arrangements yet, make sure that you are creating a plan that is fair and takes the best interest of the children into consideration.

This year, Thanksgiving falls on Thursday November 26th. A time designed for family gatherings, it’s a tough spot for many recently-divorced or separated parents.

Because Thanksgiving and Thanksgiving weekend are times when both parents want to be with the child or children, you want to make solid arrangements for this holiday in your holiday schedule. The obvious answer is to divide up the holidays, but it’s often hard to imagine how the holidays could be split in a way that feels fair to everyone. Let’s take a look at some of the options for splitting custody for Thanksgiving and other important holidays.

Alternating Holidays

For many parents, it makes sense to take an odd/even approach to the holiday season. For example, one parent could have the child/children for Thanksgiving on odd years, but Christmas for even years. The other parent would have the children for Thanksgiving on odd years and Christmas on even years. This way, each parent has their children for some of the big holidays every year, and they never go more than one year without their child for any given holiday.

Fixed Holidays

An an alternative choice by parents during the holidays is a fixed holiday schedule. This takes a more simple approach of assigning a certain holiday, every year, to a certain parent. While this could cause some form of conflict for those to want to alternate the holidays, it works well for separated couples with different religions. For example, if one parent is Jewish, they will have the child(ren) over Hanukkah, and if the other parent Christian, they will have the child(ren) over the Christmas holidays. However, this does leave holidays like Thanksgiving up for debate where individuals of almost every religion celebrate throughout the United States.

Split Holidays

Split holidays are a great idea if both parents live close together as the child(ren) can spend Thanksgiving (or any holiday) with BOTH parents at different locations. The only thing to decide upon is the time. For example, one parent can have custody the day prior and the first half of Thanksgiving day, then the other parent has custody the second half of the Thanksgiving and the following day. For obvious reasons, if the parents’ homes or holiday celebrations are too far apart, it can get more complicated.

Double Holidays

Finally, some parents may choose to run “double holidays” where they both have a day of celebrations, just on different days. Parents can simply let the custody schedule play out as is, letting whichever parent would normally have the child on the official holiday date celebrate that day, and the other parent can celebrate with the child on their next scheduled visit. Alternatively, parents can designate a date for the second holiday – one parent celebrates Thanksgiving on the 26th and the other celebrates on the 30th. In this scenario, parents could alternate years so that they each get the official holiday every other year.

Final Thoughts

The prospect of formulating a custody calendar is a daunting task for many recently divorced or separated parents.  Working directly with your co-parent to create your joint custody schedule and holiday custody plan is a great way to keep the peace. Your schedule will be unique to your family dynamic and must be sensitive to each of your personal schedules, but most importantly, putting the welfare of the children should always come first and foremost.

Parenting Time Rights with Masters Law Group

From allocation of parental responsibilities to legal separation matters and parenting time rights, Masters Law Group focuses on helping clients assert their rights to further the best interests of their children.

We understand parenting time of your child is a very emotional law topic, especially during the holidays. Masters Law Group represents individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule. Are you facing a family law issue involving the children? Contact us here today to schedule a consultation.