Holiday Custody Battles: How to Create a Stress-Free Co-Parenting Plan for the Holiday Season in Florida

Ah, the holiday season—a time for joy, family, and… custody battles? Yep, the most wonderful time of the year can also be the most stressful for co-parents. But it doesn’t have to be that way. With a little planning, communication, and some guidance on Florida’s custody laws, you can avoid courtroom chaos and ensure your kids have a magical holiday season. 

Here’s your ultimate guide to creating a stress-free co-parenting plan for the holidays.

 

Start Early (Because Santa’s Not the Only One with a List)

Waiting until December 20th to figure out where the kids will be on Christmas Eve? Big mistake. The earlier you plan, the better. Start discussions with your co-parent as early as possible—like, yesterday. Early planning helps avoid miscommunication, last-minute conflicts, and, most importantly, the “I thought we agreed on this” argument.

Pro Tip: Put it in writing! Use a shared calendar app like OurFamilyWizard or Google Calendar to keep everyone on the same page.

Know the Rules: Florida Custody Laws & Holiday Time-Sharing 

In Florida, custody is known as “time-sharing,” and parents must follow a parenting plan approved by the court. Most of these plans already have holiday time-sharing built in, but you’ll need to file a modification if yours doesn’t (or you want to make changes).

Here’s how holiday time-sharing usually works:

Alternating Holidays: One parent gets Thanksgiving this year, and the other gets it next year.

Splitting Holidays: Divide the holiday in half (morning with one parent, evening with the other).

Fixed Holidays: Assign fixed holidays to each parent every year (for example, Mom always gets Christmas Eve, Dad always gets Christmas Day).

If you can agree on these arrangements, great! If not, you might end up in front of a judge. And trust us, you don’t want the court deciding who gets Christmas dinner.

Florida Law Alert: Florida courts prioritize the “best interests of the child” when ruling on custody and holiday disputes. If one parent is being unreasonable or prioritizing their wishes over the child’s, the court won’t be happy.

Be Clear About Pickups, Drop-offs, and Travel 

Nothing ruins holiday cheer like a miscommunication about pickup times. Will you be exchanging the kids at 10 AM or 4 PM? Is the exchange at your house or their grandparents’ house? It’s best to get ultra-specific with times, locations, and who’s responsible for transportation.

If one parent plans to travel out of state with the kids, that’s a whole other ballgame. Florida requires that you inform the other parent in advance if you plan to leave the state. If your parenting plan requires permission for out-of-state travel, you’ll need written consent or a court order.

Pro Tip: Write it down in the holiday co-parenting plan and avoid the dreaded “But you never told me” moment.

Think Like Santa (It’s All About the Kids) 

It’s easy to get caught up in “fairness” during the holidays but remember—this is about the kids, not the parents. If your kids would be happier spending the morning with one parent and the evening with the other, make it happen. Flexibility goes a long way in creating a joyful experience for them.

What Florida Law Says: Florida family courts focus on the child’s best interests—not the parents’ wishes. Judges want kids to have a peaceful, happy holiday, so they’ll look at past behavior and how each parent prioritizes the child’s happiness.

Handling Gifts (No, You Can’t Out-Santa Each Other) 

Every parent wants to be the “cool parent” with the best gifts. But if you and your co-parent are in a competition to see who can buy the flashiest presents, it can get messy—especially if both of you buy the same toy.

Solution: Coordinate gifts in advance. Make a shared wishlist for the kids so you’re not doubling up on gifts (two PS5s might sound fun, but it’s not practical). Agree on a budget, too, if you want to avoid lopsided gift-giving.

Flexibility Saves the Day (and Your Sanity) 

If Grandma flies in from New York and her flight gets delayed, don’t hold it against your co-parent for being late to the drop-off. Flexibility is key to surviving the holidays as co-parents. Life happens—be understanding, and your co-parent might return the favor.

Pro Tip: If your parenting plan isn’t working for the holidays, don’t wait until December to make changes. You may need to file a modification with the court, and that process takes time.

What If We Can’t Agree? 

If you and your co-parent can’t come to an agreement, you have two choices:

Mediation: A mediator helps you reach a compromise, and it’s faster (and cheaper) than going to court.

Court Intervention: If all else fails, you’ll need to ask a judge to decide. The judge will look at the child’s best interests, not yours, so be prepared.

Florida courts prefer mediation over litigation for holiday custody issues. Judges want parents to resolve disputes on their own without dragging kids into court.

Pro Tip: Don’t wait until December 23rd to file a motion for emergency custody. Judges have holiday plans too, and court schedules fill up fast.

Need Help? Get Legal Support Before the Holidays Begin! 📞

If things are getting tense and your co-parent is being uncooperative, it may be time to call in a family law attorney. An attorney can help you negotiate a fair holiday time-sharing plan or file a motion if your co-parent refuses to cooperate.

Here’s how the DeWitt LawFirm can help:

Drafting & Modifying Parenting Plans: Get a legally binding plan in place before the holidays hit.

Mediation & Negotiation: If you want to avoid court, we’ll help you negotiate a fair plan.

Court Representation: If it comes to that, we’ll be by your side, making sure your child’s best interests are protected.

Holiday Co-Parenting Plan Example (Just Steal This One)!

Thanksgiving: Mom gets even years, and Dad gets odd years (swap at 2 PM).
Christmas Eve: Mom gets from 9 AM to 9 PM.
Christmas Day: Dad gets from 9 AM to 9 PM.
New Year’s Eve/Day: Alternates every year.

This is just one example, but it’s simple, fair, and easy to follow. Feel free to customize it based on your family’s needs.

The Bottom Line: Be Nice

The holidays are a time for family, love, and togetherness—so don’t let custody issues ruin it. By being proactive, flexible, and willing to compromise, you can give your kids the gift of a peaceful holiday.

If you’re feeling stuck, overwhelmed, or just unsure where to start, the DeWitt Law Firm can help you create a co-parenting plan that works for everyone. Call us today to protect your family’s holiday peace. 

Ready to create endless memories with your kids this holiday season? Call the DeWitt Law Firm Today!