Newnan, GA asked in Divorce and Child Custody for Georgia

Q: Every other year christmas and thanksgiving?

My husband and I have a court ordered visitation schedule. I have sole custody he has visitation. The order states he will have every other year for christmas and thanksgiving. This order was finalized in may 2014. He did not show up for visitation for wither holiday in 2015 and says since he did not I have to give him visitation this year since they were with me for those holidays last year. I didn't take the kids anywhere such as families houses during the holidays last year and stayed home the entire time because it was technically his visitation time. Do I have to make the kids go this year since he did not show up last year?

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3 Lawyer Answers

Paula J. Mcgill

  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: If he just didn't show up (without more), no, you don't have to give him visitation during the holidays. The court gave him odd and you even holidays. If he fails to exercise his rights, he cannot change the order unilaterally.

Jeff Hughes

  • Divorce Lawyer
  • Milwaukee, WI

A: If it's exactly as you say, then no he has no actionable claim to change the order.

Trisha Festerling


A: From a legal standpoint, no you do not.

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