04/05/2026
How Holidays are Divided After Separation or Divorce
For many families in West Virginia, the holidays are some of the most anticipated times of the year. However, when a family is going through a separation or divorce, holidays can turn into one of the most stressful times of the year. Instead of enjoying the holidays, parents can find themselves fighting over their schedules, travel, and holiday plans with their former spouse.
As a result, understanding how West Virginia law and family law courts determine holiday time for child custody can help parents set realistic expectations and plan holiday time with their children accordingly. As we have discussed previously on this blog and regarding co-parenting, successful co-parenting includes being flexible and prioritizing the best interests of the child. While a court-ordered plan provides the specific schedule for the holiday time, successful co-parenting can make this much more manageable during the holidays. This includes clear communication and compromise that allows the children to enjoy the holidays and minimize any stress or tension.
The Purpose of Parenting Plans
In West Virginia, the court-issued parenting plan, form SCA-FC-121, outlines how you and your former spouse will split time between the children. In the parenting plans, the regular schedule will control what the weekly routines look like. However, there will also be a specific schedule for how holiday time is divided. Therefore, parents should ensure that they are following the schedule that is specifically outlined in the parenting plan, including which parent the children will spend specific holidays, school breaks, or special occasions.
Common Methods for Dividing Holidays
There is no uniform or one-size-fits-all approach when dividing holiday times. During this process, courts generally are concerned with ensuring that the parent plans reflect the child’s best interest. The best interest of the child will include schedules that minimize conflict and promote stability. Courts will most likely approve parenting plans that both parents agree upon, as long as it serves the best interests of the child and is detailed enough to minimize future conflicts.
Some common ways in which holiday time can be divided are:
• Alternating years (for example, one parent may have the children for Thanksgiving in even years, while the other parent will have the children for Thanksgiving in odd years. The SCA-FC-121 form will specifically ask you to check boxes that indicate even or odd years)
• Splitting the holiday(s) (for example, during Christmas, the children may spend Christmas Eve with one parent and Christmas Day with the other)
• Fixed holidays (for example, if one parent has a holiday tradition, that holiday may be permanently assigned to them, with another holiday permanently assigned to the other parent).
When Parents Cannot Agree
If parents cannot agree on a parenting plan and how holiday time will be divided, a family court judge will step in. Here, the judge will require each parent to submit an individual proposed parenting plan, outlining what they want. Also, it is important to remember that West Virginia is a state that has a 50/50 custody presumption. This means that custody should generally be split 50/50 between parents. However, the court’s primary concern will always be what is in the best interest of the child. So, when parents cannot agree, the judge will generally implement a 50/50 schedule, unless the evidence presented supports that the best interest of the child is to spend more time with one parent.
Tips for a Stress-Free Holiday Season
Finally, to ensure that there is little to no stress or conflict during your holidays, consider the following tips:
• Plan ahead by making sure you have a copy of your parenting plan and by reviewing your parenting plan for the holidays to avoid any last-minute confusion about what time is allotted during holidays with which parent.
• Be flexible and understanding that sometimes travel can be delayed or unexpected obstacles may happen.
• Avoid using your children to relay messages about the holiday schedule.
• For travel plans, make sure to review the parenting plan and custody arrangement to ensure travel logistics, especially if traveling out of town, comply with the parenting plan.
In order to minimize stress during the holidays, it is important to have a clearly outlined plan in your parenting plan for how the holiday time will be divided. If you are having trouble with a child custody or other family dispute, it is important to reach out to an experienced attorney to help you understand your options, protect your rights as a parent, and make informed decisions.
