Talk With Your Ex-Spouse About Your Holiday Time-Sharing.

You should talk as early as possible with your ex-spouse about your holiday time-sharing agreement well before the holiday season. Reaching out to your ex-spouse might be difficult if they don’t intend to adjust the established time-sharing agreement. However, if you can make the connection early on, it will save some headache and open the door for positive communication during the motions consideration. In addition, if you and your ex-spouse can agree on a custody rearrangement before you file for a motion, it will save you some time later on. 

Filing a Motion for Holiday Time-Sharing  

If you’re in a situation where your ex-spouse is entirely against the idea of a holiday time-share adjustment, file a motion immediately. Likewise, filing a motion would be a good idea if you’ve made changes to your time-sharing agreement in the past because of child-related health issues or other justifiable reasons during previous holidays. Of course, you can always petition the court to modify the holiday timesharing agreement to reflect the new circumstances of your child’s health if necessary. Keep in mind that New Mexico courts often rule for the child’s best interest when deciding alterations to your time-sharing agreement. It’s recommended to have an attorney when filing a motion; having an attorney will let you know what options you have during a time-sharing adjustment. 

What If My Ex-Spouse Doesn't Follow The Holiday Time-Sharing Agreement?

If your ex-spouse goes against the parenting plan and time-sharing agreement, then the consequences will be harsh. The most common penalties for parents who violate time-share agreements are loss of timeshare privileges, filings of contempt, custodial interference, and court-supervised visitation. This is also why you don’t want to be the parent who violates the parenting plan. Contact a New Mexico attorney right away if you feel that your ex-spouse may hold your children longer than expected and violate your time-sharing agreement during the holidays. If done, then you will get personalized assistants for your situation. Then, with your lawyer, you can file for a motion to enforce if necessary. If your ex-spouse evades the motion to enforce, jail time may be a consequence. 

Seek a New Mexico Child Custody Attorney

If you’re in a situation where you need to modify your custody agreement or your ex is violating it, seek the assistance of an experienced divorce and family law attorney immediately. It’s challenging to get a speedy hearing, so don’t delay. The Albuquerque custody lawyers at Genus law group are ready to help with divorce and custody. Call 505-317-4455, contact us at our office,  or use our online chat function to solve your problem today!

Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond