Thanksgiving falls on November 26 this year, and for separated parents the question usually comes up well before the turkey: who has the kids? For the families Chicklo Law Group works with, the pattern is familiar. The regular schedule works for months, then a holiday arrives and the plan says nothing useful or something both parents read differently.
A holiday schedule that holds up is one written specifically enough that there is nothing left to argue about.
Does my regular custody schedule apply on Thanksgiving and Christmas?
Only if your parenting plan says so. Most Alaska parenting plans include a separate holiday section, and when they do, the holiday terms usually take priority over the regular week-to-week schedule.
A parenting plan is the part of a custody order that spells out where the children live and when each parent has them. The Alaska Court System's Family Law Self-Help Center publishes forms and sample plans with space for holidays and birthdays.
The trouble starts when the holiday section is vague. Language like "holidays to be shared as the parties agree" sounds cooperative, but it gives a judge nothing to enforce if one parent stops agreeing.
What are the most common ways to split the holidays?
Most families use one of a few arrangements, and the right one depends on how far apart the parents live and how old the children are.
Alternating years are the simplest. One parent has Thanksgiving in even-numbered years and Christmas in odd-numbered years, and the other parent has the reverse.
Splitting the day works when parents live close together, say both in Anchorage or one in Eagle River. Christmas Eve through 2 p.m. on Christmas Day goes to one parent, and 2 p.m. until the next morning goes to the other, rotating each year. It is harder on younger children and nearly impossible once a flight is involved.
Some families assign holidays permanently. That can work well when each side's tradition centers on a different holiday.
Whatever the structure, the plan should state exact start and end times, who handles the exchange, and where it happens. Winter break deserves its own line too, since it often runs two weeks or more.
What should an Alaska holiday plan say about travel?
It should say who pays, who books, who travels with the child, and what happens when the weather cancels the flight. In much of the country a holiday exchange is a car ride. Here it may be a flight to Seattle or a small plane to Bethel.
A few provisions prevent most December disputes:
A deadline for sharing itineraries, such as 30 days before departure
How airfare is divided, and whether an unaccompanied minor fee is included
Whether a child of a certain age may fly alone
A weather clause: if a flight is canceled, the traveling parent's time is extended day for day, or made up at a set later date
That last provision matters more in Alaska than almost anywhere else. Without it, a two-day weather hold in Kotzebue can turn into an argument about whose Christmas was lost.
What can I do if the other parent won't follow the holiday schedule?
You can ask the superior court to enforce the order, and Alaska law gives you a separate claim for damages when visitation is wrongfully denied. Both work best when the order is specific.
Under AS 25.20.140, when a custody order is specific about when visitation must happen and the other parent willfully refuses without just excuse, the parent who lost the time can recover $200 for each missed visitation period, plus reasonable attorney fees. A child's serious illness can be a just excuse. A child simply not wanting to go is not.
The more common route is a motion to enforce the custody order, which can lead to make-up time or other orders from the judge. Before filing, write down what happened, save the texts or emails, and keep showing up for exchanges as scheduled. Withholding the children in return almost always hurts the parent who does it.
Can a holiday schedule be changed after the order is entered?
Yes. If both parents agree, they can sign a written stipulation, an agreement filed with the court, and ask the judge to adopt it as the new order. If they do not agree, the parent asking for the change generally has to show a substantial change in circumstances and that the new schedule is in the child's best interests under AS 25.20.110.
A move out of state, a new school calendar, or a child who has outgrown a split-day arrangement can all justify a fresh look. An informal change that never makes it into a court order leaves the old schedule enforceable.
Timing matters too. A motion filed in mid-December may not be heard before Christmas, so the best time to fix a holiday plan is the spring or summer before.
How can Chicklo Law Group help with a holiday parenting plan?
A holiday schedule that holds up names, exact dates and times, covers winter break and travel, and plans for the flight that does not leave. When the other parent ignores it, Alaska law gives you real tools, but only if the order is clear enough to enforce.
If your current plan leaves too much open, or this year's holidays are already turning into a dispute, Chicklo Law Group can review your order and help you draft, modify, or enforce a schedule that lets your children enjoy the season.
