At this time of year, holiday parenting time becomes a very important issue for divorcing couples. In Arizona, when there are children involved in a divorce case, the court requires that the parents have a written parenting plan. Parenting plans must satisfy certain statutory requirements and one of those requirements is a holiday schedule.
The law governing parenting plans is A.R.S. §25-403.02 (C) and it reads as follows:
C. Parenting plans shall include at least the following:
- A designation of the legal decision-making as joint or sole as defined in section 25-401.
- Each parent’s rights and responsibilities for the personal care of the child and for decisions in areas such as education, healthcare, and religious training.
- A practical schedule of parenting time for the child, including holidays and school vacations.
- A procedure for the exchanges of the child, including location and responsibility for transportation.
- A procedure by which proposed changes, relocation of where a child resides with either parent pursuant to section 25-408, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling.
- A procedure for periodic review of the plan’s terms by the parents.
- A procedure for communicating with each other about the child, including methods and frequency.
- A statement that each party has read, understands and will abide by the notification requirements of section 25-403.05, subsection B.
Parents can agree on any holiday schedule that works for them. Generally, parents agree to divide holiday time in one of three ways: 1) each takes a certain holiday every year; 2) share the holiday each year by dividing the time evenly on that day, or 3) alternate each parent having the holiday every other year. The parents can agree on whatever schedule works best for their family traditions.
Daniel J. Siegel is a Certified Specialist in Family Law by the State Bar of Arizona. For help with any family law related matter, call Daniel J. Siegel, P.C. at 602-274-1099.
This article is for informational purposes only. The information contained herein is not legal advice, nor is it intended to be. Readers should not act upon information contained herein without first seeking the advice of a qualified attorney. Please contact Daniel J. Siegel, P.C. with any questions, 602-274-1099.Follow me on social media: