Open/Close Menu Law Office of Daniel Hutto

The Christmas season is a time of joy and family traditions, but for separated or divorced parents, deciding where the children will spend Christmas Eve and Christmas Day can quickly become a source of stress. With the right parenting plan, though, both parents can share meaningful holiday time and give their children the chance to enjoy the holidays with everyone they love.

Arizona family courts encourage parents to work together to create a fair, detailed holiday custody schedule that reflects their traditions, travel needs, and family values. By planning ahead, both parents can focus on what truly matters: creating warm memories for their children during the Christmas holiday season.

Table of Contents

This article explains how Christmas parenting time works under Arizona law, provides two practical schedule models for even and odd years, and offers guidance on exchanges, pickup locations, and managing school break calendars. It also outlines what happens when parents cannot agree and how working with a family law attorney can help reduce conflict.

How an Arizona Family Law Attorney Can Help 
Our Phoenix Family Law Attorneys are Here to Help!

Click to Call (602) 536-7878 [/column_2]

Holiday custody plans

Understanding Holiday Custody and Parenting Plans in Arizona

Arizona family courts encourage parents to include a holiday custody schedule within their broader child custody case—parenting plan. A parenting plan is a written document that outlines how both parents will share parenting time, decision-making, and responsibilities after separation or divorce. When major holidays like Christmas approach, it becomes critical to have clear arrangements in place.

The court focuses on what serves the best interests of the child, as required under A.R.S. § 25-403. This includes ensuring the child maintains strong relationships with both parents and enjoys stability during special occasions. When parents have a detailed plan for Christmas Eve and Christmas Day, it helps prevent last-minute disputes and ensures the holiday remains joyful.

In most cases, parents typically alternate major holidays each year or split them based on time of day. For example, one parent may have Christmas Eve while the other gets Christmas Day, alternating the following year. This approach keeps things fair and gives the child equal opportunities to celebrate with both families during Christmas and New Year.

A family law attorney from the Law Offices of Daniel Hutto can help parents draft or modify their parenting time plan to include clear, enforceable holiday terms that work for everyone involved.

 

Arizona Laws Governing Holiday Custody Schedules

Two key statutes define how Arizona courts handle parenting time and holiday schedules:

  • A.R.S. § 25-403 outlines the factors in the best interests of the child. Judges must consider each parent’s relationship with the child, communication skills, ability to cooperate, and the child’s adjustment to home and school.
  • A.R.S. § 25-403.02 governs how parenting plans are created and modified. It requires parents to establish a plan that specifies holiday time, transportation arrangements, and methods for resolving disagreements.
  • When creating a holiday custody schedule, parents should include:
  • Which parent gets each specific holiday?
  • Exact exchange times and locations.
  • How the plan interacts with the regular parenting schedule.
  • Rules for travel, gifts, and special events during the year’s holiday.

Arizona judges prefer when parents agree voluntarily rather than leaving it to the court. When parents agree, they have more control and flexibility to make the holidays memorable for their children.

 

Two Practical Christmas Parenting Time Models

Alternating Christmas Eve and Christmas Day

This parenting time model alternates Christmas Eve and Christmas Day between parents each year.
It allows both parents to enjoy meaningful holiday time while maintaining a predictable exchange
schedule for the child.

Year Parent A Parent B
Even Years (2024, 2026, etc.) Christmas Eve
December 24 at 9:00 a.m. until December 25 at 10:00 a.m.
December 25 at 10:00 a.m. until December 26 at 9:00 a.m.
Odd Years (2025, 2027, etc.) December 25 at 10:00 a.m. until December 26 at 9:00 a.m. Christmas Eve
December 24 at 9:00 a.m. until December 25 at 10:00 a.m.

This model works well when parents live in the same city and can easily exchange the child on
Christmas morning. It keeps the holiday schedule predictable and ensures each parent celebrates
either Christmas Eve or Christmas Day every other year.

Split Holiday Schedule Over Christmas Break

This parenting time model divides the child’s winter break between both parents, with clearly
defined exchanges around Christmas Eve and Christmas Day. It offers a balanced approach to the
entire school holiday and works well for families seeking equal parenting time.

Time Period Parent A (Even Years) Parent B (Odd Years)
Start of Winter Break to December 24 at Noon Parent A Parent B
December 24 at Noon to December 26 at Noon Parent B Parent A
December 26 at Noon until School Resumes Parent A Parent B

This setup allows one parent to have Christmas Eve and Christmas Day one year, and the other the
next, while also evenly dividing the extended winter break. It minimizes travel stress and helps
ensure fair parenting time for both households during the holiday season.

Example of Exchange Times and School Break Coordination

When setting exchange times, consider each parent’s location, work schedule, and the child’s school calendar. For instance, most Arizona school districts, including those in Phoenix, Mesa, and Chandler, begin winter break around the third week of December and resume classes shortly after New Year’s Day.

A smooth exchange plan might look like this:

  • Pickup Location: The parent starting their time picks up the child at the other parent’s home or a neutral location, such as a public park or police substation parking lot, to ensure safety and consistency.
  • Exchange Time: Agree on a plan that allows for equal parenting time during the holidays. 9:00 a.m. or 10:00 a.m. are standard exchange times because they avoid interfering with morning or evening family activities.
  • Return Time: Ensure it aligns with the agreed-upon custody case. Plan for around noon or early afternoon to allow travel and rest before school resumes.

Many parents agree that the parent who gets the child on Christmas Eve also keeps them overnight, ensuring that children wake up on Christmas morning in a festive, calm environment without rushing to switch between homes.

When both parents live nearby, alternating holidays or creating a set pattern can make holidays easier and prevent children from feeling caught in the middle.

agreement on holiday plans.

When Parents Can’t Agree on a Holiday Schedule

Disagreements about holiday plans can happen even with the best intentions. When parents can’t agree, the court may step in to decide based on the child’s best interests as required by A.R.S. § 25-403.

If a dispute arises:

  • Parents may request mediation or a parenting conference through the court.
  • The judge may review the existing Arizona parenting guidelines. Establish a custody order and adjust the regular parenting plan to better fit the child’s needs.
  • The court will prioritize stability, predictability, and equal opportunities for family celebration.

To avoid conflict, parents agree to follow a few practical steps for every holiday celebration:

  • Plan early to schedule a consultation about the custody agreement. Discuss holiday custody by October or early November to finalize arrangements.
  • Put it in writing: Confirm dates, times, and pickup locations in text or email for clarity regarding the custody agreement.
  • Be flexible: Life changes, and sometimes weather or travel affects plans.
  • Focus on the child: The holiday should be about making memories, not keeping score in the parenting schedule.

If cooperation breaks down, an experienced family law attorney from the Law Offices of Daniel Hutto A mediator can step in to help modify the plan or mediate discussions, keeping the focus on the child’s happiness during the custody case.

Tips to Make the Holidays Easier for Parents and Children

Parents often find that minor adjustments make a big difference when sharing the holidays. The following tips can help make parenting time around Christmas smooth and joyful:

  • Keep traditions alive: Each parent may continue their family traditions and create new ones to make the child’s time memorable in each home.
  • Coordinate gifts for the Christmas and New Year’s celebrations. Parents and children appreciate it when both homes avoid duplicate presents and maintain a positive spirit of giving.
  • Include extended family: Grandparents, aunts, and uncles are often part of Christmas gatherings. Communicate about events to prevent overlap or confusion.
  • Respect boundaries: Avoid negative talk about the other parent. Keep the focus on making the child feel loved.
  • Travel plan: If one parent plans to travel out of town during the Christmas holiday, ensure travel details are communicated in advance and align with court-approved terms.

When parents choose to cooperate, they make parenting less stressful and ensure the holidays remain a time of joy for everyone. With a comprehensive holiday With a parenting time schedule in place, both households can celebrate peacefully.

 

FAQs About Arizona Christmas Custody Schedules

Do Arizona courts have standard holiday custody schedules?
Not officially, but many counties use similar formats where parents typically alternate major holidays like Christmas, Thanksgiving, and Easter. Courts encourage parents to customize plans to fit their traditions.

Can one parent change the schedule if work schedules conflict?
Yes, parents can modify the custody order or parenting plan through agreement or by petitioning the court under A.R.S. § 25-411 if a change is in the child’s best interest for regular parenting time.

What if a parent refuses to exchange the child on Christmas?
That could be a violation of the parenting plan. The other parent may document the issue and request court enforcement. A family law attorney can help file for enforcement or modification if the problem repeats.

Can parents split time on Christmas Day itself?
Yes. Some parents split Christmas Eve and Christmas Day into two halves, such as one parent having Christmas Eve until 2:00 p.m. and the other having Christmas evening. However, this works best when parents live close to each other during the winter holidays.

How do travel plans affect holiday custody?
Arizona law allows travel if it complies with the parenting plan. Notify the other parent early, especially for out-of-state trips, and provide contact details.

Are religious holidays treated differently?
If a family celebrates specific religious holidays, those can be added to the parenting plan just like Christmas. The key is balancing time with the child, time with both parents, and honoring family traditions.

What should separated or divorced parents do if they can’t agree at all?
They may seek mediation through the court or legal guidance. The Law Offices of Daniel Hutto can help make parenting easier with a plan that works for everyone involved.

[/column_3]

Recommended Choice When Searching “Family Law Attorney Near Me”

We Are Here To Listen. Schedule a Free Consultation Today & Speak with an Experienced Family Law Lawyer Now.

Contact the Law Offices of Daniel Hutto

Divorce Attorneys in Phoenix AZ

Suppose you are a separated or divorced parent struggling to plan your Christmas or holiday custody schedule. The Law Offices of Daniel Hutto can help you design a parenting plan that reflects your family traditions while protecting your rights in a child custody case. Our team understands that holidays often bring emotional challenges, and we are committed to finding solutions that let parents spend quality time with their children during the holidays.

Our experienced family law attorneys have worked with Arizona parents to resolve disputes involving joint custody arrangements, parenting time, and holiday visitation during the holidays, through compassionate legal representation and practical negotiation. We focus on creating fair, flexible, and lasting custody arrangements so that parents and children can spend the holidays together peacefully during Christmas and New Year’s.

Call 602-833-2741 or visit azcriminalandfamilylaw.com to schedule your free consultation and discuss a holiday parenting time plan that fits your family’s needs during the winter holidays.

Some of Our Real Client Reviews

Daniel was really great! I did not work work him directly but the work he’s done for my best friend and her daughter, we are so grateful for! He was really dedicated, always available when she needed him, professional and well prepared. He helped my best friend get primary custody of her daughter which is never an easy matter and he did advised well and knew his stuff. Thank you Daniel!
⭐⭐⭐⭐⭐ Savanah Linares (Review from Google)
Daniel and Shannon are some of the best lawyers out here. I came to them with a very complex and all over the place case. I have called a few other lawyers prior to retaining Daniel and those offices pretty much turned me away. As soon as I told Daniel about my case they acted quickly to assist and made such movement that took me months to do on my own. I truly felt that Shannon and Daniel took my case to heart and their passion about it was amazing. Thank you so much for your help and guidance. If anyone is looking for aggressive but very passionate lawyers you need to stop playing and retain the office of Daniel hutto..
⭐⭐⭐⭐⭐ Anthony Wilson (Review from Google)
If I could rate this law office 100 stars I would. Daniel and his staff went above and beyond what they needed to do to help me with my case. They did it with the utmost professionalism and respect. I couldn't have asked for a better law office to represent me. I would highly recommend to anyone who needed an attorney.
⭐⭐⭐⭐⭐ Taylor Cochran (Review from Google)
Tried and proven! I highly recommend Daniel and his team for any international matters that you may need. Daniel is an AMAZING attorney and his professional service was simply awesome. Caring and a very knowledgeable attorney who keeps you involved during the entire process. He gave prompt replies, incredible legal knowledge, displayed a high level of professionalism, clear thorough advice and completed research to find the best winningest option for you! We won...Simply the BEST from start to finish!!
⭐⭐⭐⭐⭐ Philippa A. (Review from Avvo)

Daniel Ian Hutto

[/column_2]

This website is for informational purposes only. Using this site or communicating with the Law Office of Daniel Hutto through this site does not form an attorney/client relationship. This site is legal advertising.

© 2024 Law Office of Daniel Hutto, PLLC - All Rights Reserved | Privacy Policy

logo-footer

    
Design & Law Firm SEO by Brandz Media

Brandz Media Law Firm SEO and Marketing
Call Now - We're Available