Category: Child Custody
8.27.25
Category: Child Custody
Written by Olivia St. Clair Long on 10.16.25
The holiday season is meant to be a time of joy, tradition, and creating lasting memories. But for divorced or separated parents in Illinois, it can also bring stress when it comes to holiday custody schedules. Coordinating parenting time for Thanksgiving, Christmas, Hanukkah, or New Year’s often requires extra planning and flexibility.
At O. Long Law, LLC, we know that disputes over holiday custody can take away from the spirit of the season. The good news: Illinois law provides a framework to help parents plan ahead and create holiday parenting time schedules that prioritize the best interests of the child while respecting family traditions.
In Illinois, custody is no longer referred to as “custody” but as parental responsibilities and parenting time, under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/600 et seq.). A parenting plan must include a schedule for regular parenting time and typically addresses how holidays, school breaks, and vacations will be shared.
Holiday parenting time generally takes priority over regular weekly schedules, meaning even if one parent typically has the children on a certain day, the holiday schedule will control during that time. Courts encourage parents to agree on a schedule that is fair, clear, and centered on the child’s well-being.
One of my favorite judges used to keep a plaque on the bench that read, “Christmas is not an emergency.” This serves as a reminder to plan holiday parenting time well in advance. Illinois courts expect parents to act reasonably and communicate early. Starting discussions in the fall (or sooner) helps reduce conflict and ensures everyone knows what to expect.
Before making new arrangements, revisit your current Illinois parenting plan. Most agreements already outline who has the children on specific holidays or use an alternating schedule from year to year. Use these provisions as your foundation. If this year brings special circumstances (such as out-of-state travel or extended family gatherings) work together to make temporary adjustments.
The best interests of the child standard, which guides all parenting time decisions under Illinois law, should be your focus. Aim for stability and predictability. Children benefit when they know they will have meaningful time with both parents, without being rushed from place to place. If they are old enough, consider asking for their input on what matters most during the holidays.
Holidays are often full of unique traditions such as school concerts, religious celebrations, and extended family dinners. Not all holiday events may fall neatly into your parenting plan. Illinois law recognizes that flexibility can serve the child’s best interests. Being willing to swap days or extend parenting time can help everyone enjoy these meaningful occasions.
If you and your co-parent agree to modify the schedule, always put the changes in writing. This creates clarity, helps prevent misunderstandings, and ensures both parents are accountable. An Illinois family law attorney can draft or review these adjustments to ensure they are enforceable and consistent with your existing court order.
If you cannot agree on holiday custody arrangements, you may need the court’s help. In Illinois, you can file a motion to enforce or modify parenting time if necessary. An experienced family law attorney can advise whether mediation, negotiation, or court intervention is the best option for your situation.
Navigating holiday custody in Illinois requires patience, empathy, and planning. With a child-focused approach, parents can create holiday parenting plans that balance family traditions and ensure the holidays remain filled with joy and stability.
At O. Long Law, LLC, we are committed to helping parents resolve custody challenges, whether that means reviewing your holiday parenting schedule, negotiating modifications, or advocating in court when needed.
Does holiday custody override regular parenting time in Illinois?
Yes. Under the Illinois Marriage and Dissolution of Marriage Act, holiday schedules generally take priority over the regular weekly parenting schedule. This ensures children get meaningful time with both parents during important holidays and breaks.
What if my parenting plan does not include holiday custody details?
If your parenting plan does not specify how holidays are divided, you and your co-parent will need to work out an agreement. If you cannot agree, either parent may petition the court to establish or modify a holiday parenting time schedule.
Can holiday custody schedules in Illinois be modified?
Yes. Parents may agree to temporary modifications in writing, or one parent may file a motion to modify parenting time if circumstances have changed substantially and a long-term adjustment is necessary.
When should parents start planning for holiday custody?
Parents should start discussing holiday custody arrangements by early fall. Illinois courts expect parents to plan ahead, not treat holiday disputes as last-minute emergencies.
What if we cannot agree on holiday parenting time?
If parents cannot agree, the court will enforce the existing parenting plan. If there is no clear provision for holidays, a family law attorney can help negotiate or request a court order establishing a fair schedule.
How does Illinois handle parenting time for school winter breaks?
In most Illinois parenting plans, school breaks are specifically addressed. Parents may alternate the break each year, divide the time evenly, or assign certain holidays within the break to each parent. Because winter break often spans multiple holidays, planning ahead is critical to avoid overlapping schedules.
What if parents live in different states?
When parents live in different states, holiday parenting time can become more complex due to travel time and expenses. Illinois courts encourage parents to create practical schedules that minimize travel stress on the child while still allowing both parents meaningful time during the holidays. In some cases, parents alternate holidays each year to reduce frequent long-distance travel.
Can Illinois courts require parents to share travel costs for holiday custody?
Yes. If parents live far apart, courts may allocate travel responsibilities and expenses between both parents as part of the parenting plan, especially for long-distance holiday parenting time.
What if one parent refuses to follow the holiday parenting plan?
If a parent does not follow the court-ordered holiday custody schedule, the other parent can file a motion to enforce parenting time. Illinois law provides remedies for denied parenting time, which may include makeup time and, in some cases, sanctions.
How do Illinois courts decide holiday custody if parents cannot agree?
If parents cannot agree, Illinois courts base their decision on the best interests of the child, considering factors such as family traditions, the child’s school schedule, the parents’ ability to cooperate, and the importance of stability during holidays.
Can my child decide which parent to spend the holidays with?
While Illinois courts may consider a child’s preferences if the child is mature enough, the decision ultimately rests with the judge. Parenting time orders are designed to serve the child’s best interests rather than allowing the child to make final decisions.
Category: Child Custody
8.27.25