Q: custody agreement and Holiday break
Hello, me and my ex husband have a custody agreement made up this summer and signed by the court. It has stipulated in it that I have Christmas Day and he has Christmas Eve. He is to drop my son off Christmas Eve at 9 pm. But we never stipulated the holiday break in our agreement . I was going off of the Indiana parenting guidelines with the fact non custodial parent has the first half of Christmas break in odd number years . He said if I go by that I lose my Christmas with my son because u can’t mesh agreements . I don’t see how that would be possible being the fact there was nothing stated upon Christmas break just that if we can’t agree we would adapt the Indiana parenting guidelines . He says if I don’t agree then all Indiana parenting guidelines go into place even if we have those 2 holidays set in stone in our agreement. But why wouldn’t we use them to stipulate the break itself not the actual holidays we have ?? That way neither of us get to make the schedule
A: I agree with what you are saying but it sounds like the other parent is being difficult to work with. In that case, you should consider modifying the custody agreement in court. Since Christmas is near, I guess getting a lawyer to draft a letter of mutual modification or the establishing the use of Indiana Parenting Guidelines over any prior agreements. I would highly recommend that you reach out for a free consultation with an attorney.
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