In Rhode Island child custody, visitation and divorce cases, the issue of Thanksgiving holiday visitation is often hotly contested. The most contentious holidays appear to be Christmas, Thanksgiving and Easter. Judges do not like these disputes because there is a generally held belief that these custodial disputes should be resolved quietly between the parties or as part of family mediation.
The Annual Thanksgiving visitation dispute
If the parties cannot agree to Thanksgiving visitation, then the Judge will typically divide the day so that the child spends Thanksgiving with one parent until 1to 2-pm and then the remainder of the day with the other parent. This allow the child to enjoy a Thanksgiving meal with both families. This assumes that both parents reside in Rhode Island.
Rhode Island visitation lawyer
Some parents decide to alternate Thanksgiving so that the father will have Thanksgiving on odd years and Mother on even years or vice versa. Typically, the minor child will stay overnight the night before Thanksgiving with one parent and then spend half the Thanksgiving day with that parent. The child will be transferred to the other parent between 1 to 2 pm. and then spend overnight Thanksgiving evening with that parent. This is not rocket science. The parties should try to resolve this issue among themselves before spending attorney fees and utilizing RI Family Court resources.
The Easter holiday is either split in the same manner as Thanksgiving or it is alternated every other year.
Christmas visitation
Will the Family Court order that children should wake up and open the Christmas presents Christmas morning every year at the house where the child resides?
NO. Almost every judge in Providence Family Court believes that the parties should alternate Christmas evening / Christmas morning visitation so that both parents can enjoy the children on Christmas evening and Christmas morning. The judges and magistrates in Rhode Island Family Court have heard the usual arguments a million times before.