Family law attorneys often get asked about how holidays are handled in child custody agreements. While major holidays like Thanksgiving and Christmas are almost always accounted for, many people wonder about other special days throughout the year. One holiday that comes up frequently is Halloween. Clients want to know – is Halloween typically included in custody schedules? Do courts consider it an important occasion for children? Should it be specifically mentioned in parenting plans?
At Harris Family Law Group, we understand that every family is unique, and what matters most to one child may be less significant to another. However, when it comes to Halloween, some general guidelines and best practices can help inform your custody arrangement. We will explore the role of Halloween in custody agreements and provide some tips for co-parents dealing with this spooky holiday.
First, let’s consider why Halloween might be an important occasion to include in a custody schedule. For many kids, Halloween is one of the most exciting days of the year. The opportunity to dress up in costumes, go trick-or-treating, and enjoy candy and other treats holds a special magic. Halloween parties at school or with friends are also common childhood experiences that create lasting memories.
In addition, Halloween represents a unique holiday in that it is primarily focused on children. Unlike holidays that involve extended family gatherings or religious traditions, Halloween activities are mostly geared toward kids. This child-centric nature of the holiday is one reason parents may feel strongly about having parenting time on or around October 31st.
Despite the excitement it generates for many children, Halloween is not a legal holiday. It lacks the official recognition and widespread time off of work associated with holidays like Christmas Day or Independence Day. As such, Halloween is not automatically granted any special status in standard custody orders.
Most custody agreements that include a holiday schedule focus on major, legally recognized holidays. The alternating or splitting of these holidays between parents helps ensure that children have the opportunity to spend meaningful occasions with both parents. However, this does not mean Halloween is never accounted for in custody arrangements.
Some parents choose to expressly include Halloween in their custom parenting plan. This is more likely when Halloween is a particularly cherished tradition or holds special significance for the family. Parents who live in neighborhoods known for their lavish Halloween celebrations or who have a history of coordinating elaborate costumes or activities may be more inclined to specifically account for the holiday.
When including Halloween, parents will generally alternate the holiday annually, similar to their arrangement for major holidays. For example, if Parent A has the children for Halloween in even-numbered years, Parent B will have them in odd-numbered years. Some parents may also choose to split the holiday, with one parent having the children trick-or-treating and the other hosting a Halloween party or taking the kids to a seasonal event.
If Halloween is not expressly included in the custody agreement, it will default to whichever parent has parenting time with the children on October 31st based on the regular parenting schedule. This means that in some years, a parent may have the children on Halloween even without any special arrangement.
However, when the holiday is not specified, and a parent wants to ensure they have time with the children on Halloween, they may need to arrange a custody swap with the other parent. If both parents agree, they can informally trade times so that the Halloween-enthusiastic parent has the kids on the holiday. If the parents cannot agree, the parenting schedule in the court order will control.
If you anticipate that Halloween will be an important day for your children, it is best to expressly account for it in your parenting plan. By agreeing in advance on how the holiday will be shared and alternated, you can avoid last-minute conflicts or disappointment.
Even if your custody order does not mention Halloween, try to be accommodating and flexible with the other parent if the holiday is important to them or your children. Remember that the goal is to promote your children’s happiness and well-being. If swapping a day or two in your schedule will allow them to enjoy the Halloween fun fully, it may be worth making that adjustment.
At Harris Family Law Group, we are here to help you create a custody arrangement that meets the unique needs of your family. Contact us today.
