The holidays can be a magical time filled with family, festivities, and memories. But for many co-parents, it can also be a period of stress and tension regarding custody and visitation. When holiday schedules don't go as planned, emotions can run high, and disputes can arise. As the new year begins, January often becomes the month for parents to reflect and consider adjustments to custody or visitation arrangements.

At M.C. Law, P.C., we understand how important it is for both parents and children to feel that their time together is fair and balanced. If your holiday custody arrangement left you feeling frustrated or concerned, now is the time to act.



Why January Brings Custody Disputes

The post-holiday season is one of the busiest times for family law attorneys. Many parents experience scheduling conflicts, miscommunication, or last-minute changes to holiday plans, which can lead to disagreements. Often, the informal agreements made for holiday visitation don’t account for unexpected events, leaving one parent feeling shortchanged.

Additionally, children may express different preferences after spending extended time with one parent during the break. This shift can prompt parents to reassess existing custody schedules.

When Can Custody and Visitation Be Modified?

In California, custody and visitation orders can be modified, but the requesting parent must demonstrate that a significant change in circumstances has occurred. Here are common grounds for modification:

• Frequent schedule conflicts or violations of the existing order
• Changes in the child’s needs or preferences
• Relocation of one parent
• Concerns regarding the child’s well-being or safety
• Substantial changes in a parent’s availability

The goal is always to ensure the child’s best interests are met, which is the court’s primary consideration.

How to File for a Custody Modification

If you believe a custody adjustment is necessary, here’s a brief overview of the process:

1. Consult with an Attorney – A family law attorney can evaluate your case and advise if you have sufficient grounds for modification. At M.C. Law, we work closely with our clients to determine the best course of action.
2. File a Request for Order (RFO) – This legal document requests a modification hearing with the court. It outlines the changes you’re seeking and why they are necessary.
3. Attend Mediation (if required) – In many California counties, parents must attend mediation before appearing in court. Mediation aims to help both parties reach an agreement without needing a judge’s intervention.
4. Court Hearing – If mediation fails to produce a resolution, a judge will hear your case and decide based on the evidence presented.

Factors the Court Considers

When determining custody modifications, the court evaluates several factors, including:

• The child’s age and health
• Emotional ties between the child and each parent
• Each parent’s ability to care for the child
• Any history of domestic violence or substance abuse
• The child’s involvement in school, community, and family activities

Moving Forward

If your holiday custody arrangement didn’t go as planned, you’re not alone. Many parents find that their current agreements need fine-tuning as their children grow and life circumstances change. M.C. Law, P.C. is here to help you make those necessary adjustments so that the year ahead can bring stability and peace for your family.

If holiday custody arrangements didn’t go as planned, M.C. Law can guide you through making necessary adjustments for the year ahead.