A Georgia parenting plan must say how holidays, birthdays, vacations, and school breaks, summer included, are divided between the parents, down to the time each one begins and ends.
What the Statute Requires
Unless the court orders otherwise or the parents agree otherwise, OCGA 19-9-1(b)(2)(B) requires the plan to say how holidays, birthdays, vacations, school breaks, and other special occasions are spent with each parent, “including the time of day that each event will begin and end.” Every final custody order must include such a plan, as our post on whether a judge can reject a custody agreement explains.
What the Statewide Form Fills In
The parenting plan form in Uniform Superior Court Rule 24.10 provides, for Thanksgiving and for summer, spring, and fall breaks, that “[t]he day to day schedule shall apply unless other arrangements are set forth.” It splits winter break into two periods, and “[u]nless otherwise indicated, the parties shall alternate the first and second periods each year.” Parents can also check a box making the holiday schedule take precedence over the regular one, and another giving the other parent visits during a long stretch “(such as summer).”
Examples in the Cases
For example, in Eldridge v. Eldridge, 291 Ga. 762 (2012), a plan that applied the regular schedule to Thanksgiving and spring break and alternated federal holidays satisfied the statute.
In Wall v. James, 358 Ga. App. 121 (2021), the mother’s odd-year Thanksgiving ran “from 6:00 p.m. on the day school recesses for Thanksgiving until 6:00 p.m. on the Sunday night before school resumes.” School recessed the Friday before, so the weekend before Thanksgiving was hers, and the Court of Appeals reversed a finding that she was in contempt for keeping the child then. The same plan set no hour for the Christmas exchange, so when the parents arrived at different times, that contempt finding was reversed too.
So the exact wording matters.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!