Holiday Visitation Issues in Georgia: What Divorced Parents Need to Know

The holiday season is meant to be a time of celebration, family, and peace. But for newly divorced parents in Georgia, it often brings a new layer of emotional and logistical challenges. Between school breaks, travel plans, family expectations, and court-ordered visitation schedules, the season can easily turn stressful.

At The Law Offices of Sean R. Whitworth in Marietta, we understand how difficult this time of year can be. Our office regularly assists parents in the Atlanta metro area who are struggling with child visitation issues during the holidays. Whether you are navigating your first Christmas after divorce or dealing with a co-parent who refuses to follow the schedule, knowing your rights and responsibilities can make all the difference.

In Georgia, every final divorce decree that involves children includes a parenting plan that outlines how time with the children will be divided. This plan is not just a guideline, it is a court order. It typically includes a holiday schedule that alternates major holidays like Thanksgiving, Christmas, New Year’s, and spring break between both parents.

The holiday schedule overrides the normal weekly visitation plan. For example, if one parent normally has weekends but the other parent is assigned Christmas that year, the holiday schedule takes priority. This ensures both parents have meaningful holiday time with their children.

However, problems arise when one parent does not comply with the schedule. Late drop-offs, unapproved travel, or outright refusals to exchange the children can create intense conflict. Unfortunately, this behavior not only harms the relationship between parents but also causes significant emotional stress for the children caught in the middle.

Adhering to the court-ordered schedule is not optional. Georgia law requires both parents to comply with all custody and visitation provisions. A parent who denies the other parent their visitation time, or fails to return the children as ordered, can face serious legal consequences including contempt of court, fines, or even jail time in repeated cases.

At The Law Offices of Sean R. Whitworth, we often receive calls during the holidays from parents whose co-parents have ignored the schedule. Sometimes it happens out of spite or miscommunication, other times due to last-minute travel or new relationships that complicate logistics. Regardless of the reason, it is important not to take matters into your own hands.

If your co-parent refuses to follow the visitation plan, document the violation, remain calm, and contact your attorney. In some cases, Sean and his team can help you request an emergency hearing to enforce your rights and restore stability before the holiday season ends.

Yes, visitation schedules can be modified, but only through the courts. Verbal agreements, text messages, or casual promises between parents are not legally enforceable. Even if you and your co-parent agree to swap days or adjust timing, it is always safer to put any changes in writing and seek court approval.

In Georgia, modifications to visitation or custody orders require showing a material change in circumstances that affects the best interests of the child. This could include relocation, a change in work schedule, or a significant shift in the child’s needs. The modification process may take time, but it ensures that any future disputes can be resolved under a clear, enforceable order.

At The Law Offices of Sean R. Whitworth, we can help you evaluate whether your situation qualifies for modification. We also assist parents in preparing and filing motions for emergency relief when immediate action is needed to protect visitation rights during the holidays.

How Parents Can Reduce Holiday Conflict

1. Follow the parenting plan exactly as ordered. Consistency reduces confusion and sets a positive example for your children.
2. Plan ahead and communicate early. Confirm times and locations for exchanges well in advance.
3. Keep emotions in check. The holidays are not the time for confrontation. Children thrive when parents remain calm and respectful.
4. Avoid using children as messengers. Communicate directly with your co-parent, not through your children.
5. Be flexible when possible. Life happens. If your co-parent has an unavoidable conflict and asks to trade a day, consider the long-term value of cooperation.

Following these principles can make the holiday season more enjoyable for everyone involved.

Family law issues can escalate quickly, especially during emotional times like the holidays. Having an experienced attorney who understands both Georgia law and the family court system is essential.

Sean R. Whitworth has practiced family law in the Atlanta area for nearly twenty years and has handled thousands of custody and visitation cases. His firm is known for providing clear, affordable legal representation with flat fees, so clients know exactly what to expect from the start.

Sean and his paralegal work directly with clients who need quick action for holiday-related visitation disputes, including emergency motions and hearings in Cobb County and surrounding courts. Their hands-on approach ensures every client receives guidance that is both strategic and compassionate.

Serving Marietta and the Greater Atlanta Area

The Law Offices of Sean R. Whitworth proudly serves families throughout Marietta, Cobb County, and neighboring metro Atlanta communities, including Roswell, Smyrna, Sandy Springs, Kennesaw, and Woodstock. Whether you are newly divorced or dealing with ongoing custody complications, you can count on our team to help restore order and peace during one of the most emotional times of the year.

Can a parent change the holiday visitation schedule without court approval?
No. Changes to visitation schedules must be approved by the court to be legally binding. Verbal or informal agreements are not enforceable in Georgia.

What if my co-parent refuses to exchange the children as ordered?
Document the incident, stay calm, and contact your attorney immediately. Your lawyer can help you file a motion for contempt or an emergency hearing if necessary.

Can holiday visitation orders be modified?
Yes. However, modifications must go through the court and require a valid reason, such as a change in work hours, relocation, or a child’s best interests.

What is considered contempt of court for visitation?
If a parent refuses to allow the other parent to see the children, does not return the children on time, or otherwise violates the court order, that parent may be held in contempt. Penalties can include fines, attorney’s fees, and even jail time.

What if the child does not want to go with the other parent?
In Georgia, the court’s order controls visitation, not the child’s preference, except in certain age-related circumstances. Children 14 and older may express a custodial preference, but the court still reviews it for their best interest. Parents should never pressure or influence a child’s decision.

Can I request a temporary or emergency order before the holidays?
Yes. If there is an urgent issue, such as repeated visitation violations, Sean’s office can help you request an emergency hearing to address the problem quickly.

The first holiday season after divorce can be emotional, but it does not have to be chaotic. With preparation, cooperation, and clear legal guidance, families can create a peaceful, predictable experience for their children.

At The Law Offices of Sean R. Whitworth, we are here to help you protect your rights and your family’s well-being during this important time. Whether you need to enforce an order, file a motion, or simply understand your options, you can rely on our team for direct, practical support.