Custody During the Holidays for Halloween

If you share custody of your children with their other parent, any one of the holidays can become a sticking point. Halloween, however, is a uniquely magical day that many parents regret missing out on – especially when the kids are young. If you have questions or concerns about your child custody schedule in relation to the holidays or any other time, don’t hesitate to reach out to the professional legal counsel of an experienced New York child custody attorney.  

Getting Ready for Halloween

When it comes to sheer, unbridled enthusiasm, you can’t beat Halloween. It’s the one night of the year when children let their imaginations run free, which includes dressing up as their favorite characters, monsters, dolls, and dinosaurs and heading out on candy-fueled adventures. 

As a parent, you undoubtedly share your children’s enthusiasm, and if they aren’t scheduled to be with you this year, you may be experiencing that niggling fear of missing out. This Halloween is on a weeknight, which means there are only so many hours of merriment between the end of the school day and bedtime, and splitting the holiday between you and your ex may not be a possibility. It’s important to note, however, that you may have other options.

Your Divorce Decree

When you and your ex divorced – or when you obtained child custody orders – the matter of major holidays like Thanksgiving, Christmas, and Halloween was likely addressed. One of the most common visitation schedules affords each parent custody of the children on alternate holidays. If this applies to you, it means that you’ll have the children every other Halloween, and if you’re not sure about the specifics of your orders, a trusted child custody attorney can help. 

Considering Other Options

If your divorce decree is silent on the matter of Halloween or if your ex has the kids this year, but you’re really hoping not to miss out on the biggest night of the spooky season, you may have to get creative. Some points to keep in mind include:

  • If your ex isn’t as caught up in the magic of Halloween as you are, they may be willing to work out a compromise with you or to spot you on the holiday outright. After all, many adults have Halloween parties of their own to go to. 
  • If you and your ex are on civil terms, you can share the evening by taking your kids trick-or-treating together. Another option is each of you taking the kids out in your own neighborhoods – first one of you and then the other. 
  • Halloween activities can extend far beyond just Halloween night. Schools have Halloween-themed events, and communities often host Halloween festivities. In other words, there is plenty of fun to go around.  

If you’re a Halloween purist, you have your heart set on getting your kids costumed up and traipsing around with them on what is undeniably the most energized night of the year. One of the great things about Halloween is that it transports us directly back to our own childhoods, and experiencing this through our children’s eyes is hard to beat.   

Talk to Your Ex

Just because it doesn’t happen to be your Halloween to have the kids, you shouldn’t lose hope. If your children’s other parent isn’t super into the holiday, they may be happy to hand it over. Further, your ex may be amenable to making a deal – especially if you offer something they value, such as a visitation day they’ve been angling for. 

While your child custody orders are legally binding, New York courts recognize that things come up and swapping out a day or two here or there is within your rights. If, however, you need to make a more significant modification, it’s important to make it official with the court – even if you and your ex are in agreement on the matter. For that, you should consult with a seasoned child custody attorney.

An Experienced New York Child Custody Attorney Can Help 

If you have child custody concerns that go beyond your Halloween plans this year, Lisa Zeiderman at Miller Zeiderman, LLP – with offices in White Plains and Manhattan – is a practiced child custody attorney who appreciates the significance of your situation and has the experience, skill, and legal insight effect a favorable case resolution. Your case is important, so please don’t wait to contact us or call us at 914-488-2402 for more information.

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