You flip up your wall calendar or glance down at the date on your phone and suddenly, you realize the inevitable has happened: December has come; the holidays are here. There’s Christmas shopping to be done, not to mention Christmas cooking and baking. If family is coming, you have to clean the house, or firm up travel plans if you’re doing the traveling. And then of course, there are New Year’s plans. Do you need to get a babysitter? And speaking of babysitters, where are the kids going to be while you’re crossing things off of your holiday To Do list?

Of all the things to cross off your December To Do list, “argue with other parent about holiday visitation” should not be one of them. If you are no longer married to, living with, or in a relationship with the biological parent of your child, it is a good idea to have a child custody agreement in place–one that is in writing and approved by an appropriate court of law. Proactively discussing and agreeing to the terms of child visitation between parents can significantly reduce stress surrounding this issue, which is essential during the holidays when children will have more free time to spend with family.

Typically, to establish child custody you must file a Petition for Legitimation and Custody, if you are an unmarried father (unmarried mothers already have sole custody) and go through a specific legal process. If the parties disagree on custody and visitation, then a judge, after weighing various factors, will make the final decision on these matters. When creating a custody and visitation agreement, a judge is required by law to consider the best interest of the child or children involved. This requirement means that the judge considers factors such as: each parent’s involvement, or lack thereof, in the child’s educational, social, and extracurricular activities; each parent’s knowledge and familiarity of the child and the child’s needs; and the love, affection, bonding, and emotional ties existing between each parent and the child. (For a complete list of factors that a judge may consider, please see O.C.G.A § 19-9-3). These factors remain the same whether the parties are unmarried, married and divorcing, of if there is a third-party seeking custody or visitation.

Child custody and visitation agreements will vary depending on whether the parties are in agreement. For example, a child custody and visitation agreement may detail that a child spend the New Year’s holiday with one parent on odd-numbered years ( 2017, 2019, 2021, for example), and spend the New Year’s holiday with the other parent on even-numbered years (i.e. 2018, 2020). As another example, an agreement may detail that a child spend the first week of his or her winter break with one parent, and the second week with a third-party–such as a grandparent, if the other biological parent is no longer living.

Determining child custody and visitation, particularly during the winter holidays, is a lot like holiday time itself: a lot less stressful if you prepare early. Because creating these types of plans can be a complicated process, you should have a competent attorney to assist you. The established and knowledgeable attorneys at the Fairell firm can support you in creating an appropriate and fair custody and visitation plan. Call today at 678.973.2803 or contact us to schedule a consultation.