Who Gets the Kids on Thanksgiving When Going Through a Divorce?

Thanksgiving is a time for family, traditions, and connection—but for parents going through a divorce, the holiday can also bring stress, uncertainty, and emotional conflict. One of the most common questions divorcing or newly separated parents ask is: “Who gets the kids on Thanksgiving?”

Because every family dynamic is different, there’s no one-size-fits-all answer. However, the law—and Colorado’s family court system in particular—provides structure, guidance, and options for determining holiday parenting time. Here’s what you need to know if you’re navigating Thanksgiving during a divorce.

What Does Colorado Law Say About Holiday Parenting Time?

In Colorado, parenting time (formerly called “visitation”) depends on what is in the best interests of the child. Holidays—including Thanksgiving—are usually treated separately from regular weekly parenting schedules.

That means even if one parent has the children most weekdays or weekends, the holiday schedule can override the normal parenting plan. Colorado courts strongly encourage parents to work together to create a holiday plan that is fair, child-focused, and as stable as possible.

If parents cannot agree, the courts will step in and assign holiday parenting time based on factors such as:

  • Each parent’s involvement in the children’s lives
  • The child’s relationship with each parent
  • Any existing traditions or cultural practices
  • The distance between households
  • The need to minimize conflict and stress for the children
  • Whether either parent poses safety concerns

Because Thanksgiving typically involves travel and large family gatherings, the court aims to ensure the holiday is enjoyable—not chaotic—for the child.

Common Thanksgiving Parenting Time Arrangements

While each family’s plan may look different, several standard arrangements are commonly used during or after a divorce:

A. Alternating Thanksgiving Each Year

This is the most common and court-approved schedule. One parent gets Thanksgiving in even-numbered years, and the other parent gets the holiday in odd-numbered years.

This approach gives each parent the chance to host the holiday traditions every other year.

B. Splitting the Thanksgiving Day

Some parents prefer—or are required—to split the day. For example:

  • Parent A: Thanksgiving morning until 2 p.m.
  • Parent B: 2 p.m. until evening

This works best when parents live close to one another and want their children to participate in celebrations on both sides of the family. While more complicated, it allows children to spend time with everyone on the same day.

C. Alternating the Long Weekend

Since Thanksgiving often comes with a four-day weekend from school, some families alternate the entire weekend instead of just the holiday itself.

For instance:

  • Parent A gets Wednesday through Sunday during even years
  • Parent B gets Wednesday through Sunday during odd years

This option reduces transitions and allows the children to enjoy extended family time, travel, or vacation traditions.

D. Celebrating a “Second Thanksgiving”

Some parents—especially those who want consistency—set up a non-traditional but effective solution: one parent celebrates with the child on Thanksgiving Day, and the other parent celebrates a second Thanksgiving on the following weekend.

This reduces conflict and allows both sides to build their own traditions with less pressure.

What If You Don’t Have a Parenting Plan Yet?

Couples going through a fresh separation or a mid-divorce situation may not have a formal parenting plan in place when the holiday arrives. In these cases, parents often:

  • Create a temporary written agreement
  • Follow past holiday traditions if doing so is in the child’s best interests
  • Seek help from attorneys or mediators to establish a fair plan
  • Request an emergency or temporary allocation of parenting time from the court

If communication is strained, having a neutral third party—like a lawyer, mediator, or parenting coordinator—can prevent unnecessary conflict.

If one parent refuses to cooperate or uses the holiday as leverage, courts can step in. Judges prioritize the child’s stability and emotional well-being over either parent’s preferences or frustrations.

How to Reduce Stress and Conflict Over Thanksgiving Parenting Time

Holidays can stir up resentment, disappointment, and grief during a divorce. But children notice and absorb the tension between parents. To make the day meaningful—and peaceful—consider these best practices:

A. Plan Early

The earlier you discuss Thanksgiving parenting time, the less stressful the holiday becomes. Trying to negotiate plans in the days leading up to Thanksgiving nearly always leads to disputes.

B. Be Flexible When Possible

Life happens. Travel issues, illness, extended family events, and weather can disrupt even the best-made plans. Flexibility helps your child see that both parents prioritize their happiness.

C. Avoid Putting Children in the Middle

Never force children to choose where they want to spend Thanksgiving. These decisions should be made by adults—not kids.

D. Keep Communication Calm and Clear

Use written communication tools like email or co-parenting apps if emotions are too high for direct conversation. Friendly, concise communication helps avoid misunderstandings.

E. Focus on the Child—not the Holiday Itself

Thanksgiving is one day. What matters most is creating a warm, safe, loving experience for your children—whether it happens on Thursday or Saturday.

How Courts Handle Disputes Over Thanksgiving Parenting Time

When parents cannot agree, the court may do several things:

  • Order mediation to help parents resolve the issue
  • Create a temporary holiday schedule based on the child’s needs
  • Modify an existing temporary plan if it interferes with the child’s best interests
  • Issue sanctions if a parent is intentionally withholding the child or violating a court order

Courts take holiday disputes seriously because these conflicts often reflect larger co-parenting issues. If a parent repeatedly blocks holiday parenting time, it can impact future custody decisions.

Tips for Creating a Long-Term Holiday Plan That Works

A strong holiday schedule should:

  • Be predictable and easy to follow
  • Consider the child’s age, developmental needs, and traditions
  • Allow both parents meaningful holiday time
  • Reduce transitions and stress
  • Stay consistent from year to year
  • Be flexible enough to adapt as children grow

Most parenting plans include a detailed holiday schedule covering Thanksgiving, Christmas, Mother’s Day, Father’s Day, spring break, winter break, and school vacations.

Having structure helps both parents feel secure—and helps children know what to expect.

Making Thanksgiving Peaceful During a Divorce

Going through a divorce is never easy—and facing your first Thanksgiving while separated can feel overwhelming. But a well-planned, child-centered parenting arrangement can help make the holiday warm and meaningful for your kids, even in a time of transition. Whether you split the day, alternate years, or create entirely new traditions, the goal should be the same: put the children first. With communication, cooperation, and a clear plan, Thanksgiving can remain a holiday filled with gratitude—not conflict. If you are facing a challenging or high-conflict divorce, call us today for dedicated legal support that puts your well-being first.

Halloween Night and Parenting Time: How to Handle Visitation Conflicts

Halloween is a night filled with costumes, candy, and cherished childhood memories—but for divorced or separated parents, it can also bring a few tricky challenges. When October 31 falls on a weekday, it often overlaps with school nights and regular visitation schedules, leading to confusion or even conflict over who gets to take the kids trick-or-treating.

Balancing child custody and co-parenting during Halloween doesn’t have to turn into a scary situation. With planning, flexibility, and communication, both parents can help ensure their children have a fun, stress-free celebration.

Understanding the Challenge: When Halloween Falls on a Weekday

In many custody arrangements, weekday parenting time might belong to one parent while weekends belong to another. That setup works fine most of the year—but when holidays like Halloween land on a weekday, it can create tension.

For example, if one parent usually has Tuesday or Thursday nights and Halloween falls on one of those days, the other parent might feel left out of the festivities. These conflicts aren’t uncommon, especially since Halloween is more about shared experiences—like trick-or-treating and costume parades—than about gifts or traditional meals.

This is why it’s essential to review your visitation schedule in advance and make adjustments if needed.

Tip #1: Plan Ahead—Don’t Wait Until the Last Minute

The best way to avoid Halloween parenting disputes is to talk early. Check your child custody agreement and the parenting schedule to see which parent technically has the children that evening. Then, discuss how you might share or alternate the celebration.

Some parents choose to:

  • Alternate Halloween each year.
  • Split the day—one parent attends the school party, and the other handles trick-or-treating.
  • Celebrate together, if co-parenting dynamics allow.

When communication happens early, both parents have time to coordinate costumes, transportation, and evening routines without the added pressure of last-minute arguments.

Tip #2: Focus on the Kids’ Experience

It’s easy to get caught up in who gets “the night,” but remember: Halloween should be about your children’s joy, not parental competition. Kids benefit most when both parents support their fun, even from afar.

If you can’t be there in person, ask your child to send photos of their costume or a short video call before they go trick-or-treating. Showing enthusiasm for their excitement helps maintain connection, even if you’re not together that night.

If your co-parent relationship is cooperative, consider joining forces for community events or school festivities. Many children love showing off their costumes to both parents—and this can reinforce a sense of family stability even after separation.

Tip #3: Modify the Parenting Plan if Needed

If Halloween conflicts become a recurring issue, you might consider making a temporary modification to your visitation schedule. Courts and attorneys generally encourage flexibility, especially for minor holidays like Halloween.

Parents can agree in writing to swap days or add make-up time later in the week. For instance, if one parent gets Halloween this year, the other might get the weekend after for a special fall activity like pumpkin carving or a movie night.

It’s also wise to include language in your parenting plan that addresses how holidays like Halloween, Easter, or the Fourth of July will be handled in the future. This helps prevent confusion and ensures your child’s interests come first.

Tip #4: Keep Communication Calm and Respectful

Disagreements happen, but Halloween shouldn’t turn into a courtroom battle. When discussing schedule changes, keep the focus on what benefits the children—not on personal frustrations.

Some helpful strategies include:

  • Using neutral language when texting or emailing.
  • Offering solutions rather than ultimatums.
  • Involving a mediator if you can’t reach an agreement.

If things become too tense, consider reaching out to a family law attorney or mediator who can guide you through resolving parenting disputes peacefully.

Tip #5: Create New Traditions

If you can’t have your child on Halloween night, that doesn’t mean you miss out on the fun. Many families create new traditions to celebrate at a different time.

You might:

  • Host a “Halloween Eve” movie night with spooky snacks.
  • Take your kids to a community “Trunk or Treat” event on another day.
  • Have a costume photo shoot before they head out with the other parent.

These small adjustments ensure you’re still part of your child’s holiday memories, even if the timing isn’t perfect.

Keeping Halloween Fun—No Tricks, Just Treats

At the end of the day, co-parenting during Halloween is about cooperation, not competition. Children thrive when both parents put their happiness and comfort first, no matter who technically has the evening.

By planning ahead, staying flexible, and communicating clearly, you can prevent visitation conflicts from spoiling the fun. With the right approach, Halloween can remain a joyful time of laughter, candy, and connection—no courtroom drama required. If you need help with a custody or visitation matter, contact Divorce Matters today. Our experienced team is ready to help you protect your rights and your child’s best interests.

Navigating Child Custody and Visitation: What Every Parent Should Know

Divorce or separation can be one of the hardest experiences a family goes through—especially when children are involved. Determining child custody and visitation isn’t just about legal paperwork; it’s about creating a plan that supports your child’s stability, happiness, and future.

In Colorado, custody decisions—legally referred to as “parental responsibilities”—focus on the child’s best interests. Understanding how these decisions are made can help parents approach the process with clarity and confidence.

The Two Sides of Custody: Decision-Making and Parenting Time

Colorado law breaks custody into two main components:

  1. Decision-Making Responsibility – Who has the authority to make major decisions about the child’s life, such as education, healthcare, and religion.
  2. Parenting Time (Visitation) – How much time each parent spends with the child, including living arrangements, holidays, and vacations.

Courts often encourage joint custody, where both parents share decision-making and time with the child. However, if joint custody isn’t in the child’s best interests, one parent may receive primary custody, with the other receiving visitation rights.

How the Court Determines Custody

Every custody case is unique. When parents cannot agree on a plan, the court steps in to decide what arrangement serves the child’s best interests. Judges look at several factors, including:

  • Each parent’s emotional bond with the child
  • The child’s adjustment to home, school, and community
  • The ability of each parent to support the child’s relationship with the other parent
  • The mental and physical health of everyone involved
  • Any evidence of abuse, neglect, or substance abuse

The court’s main goal is to ensure a safe, loving, and consistent environment for the child.

Understanding Visitation Rights

Visitation, also known as parenting time, allows a parent to maintain a meaningful relationship with their child even if they don’t have primary custody. Common arrangements include:

  • Alternating weekends and holidays
  • Midweek or overnight visits
  • Extended summer or vacation time

In some cases, the court may order supervised visitation if there are concerns about a parent’s ability to provide a safe environment. These visits take place in the presence of a neutral third party to protect the child’s well-being.

Creating a Parenting Plan That Works

Colorado encourages parents to work together to create a parenting plan—a written agreement that outlines custody, visitation, communication, and decision-making responsibilities. A well-crafted parenting plan helps reduce conflict and ensures that both parents understand their roles and expectations.

If parents cannot agree, the court may order mediation before making a final decision. Mediation provides an opportunity to discuss issues in a neutral setting and reach an agreement without going to trial.

Modifying Custody or Visitation Orders

Life changes—jobs relocate, children grow older, and family needs evolve. If a major life change affects your current custody arrangement, you can request a modification.

To modify a court order, the requesting parent must show that the change serves the child’s best interests. Common reasons include relocation, remarriage, or significant changes in a parent’s circumstances. Having legal guidance during this process can make it easier to present your case effectively.

Why Legal Help Matters

Even when both parents want what’s best for their child, custody and visitation issues can become complex. A knowledgeable family law attorney can help by:

  • Explaining your rights under Colorado custody law
  • Drafting or reviewing parenting plans
  • Representing you in mediation or court
  • Helping you modify or enforce existing orders
  • Protecting your child’s safety and your parental rights

At Divorce Matters, our attorneys understand the emotional and legal challenges parents face during custody disputes. We provide compassionate guidance and strong advocacy to help you reach a resolution that protects your child and your peace of mind.

Final Thoughts

Child custody and visitation cases are about more than legal decisions—they’re about building a foundation for your child’s future. With the right legal support and a focus on cooperation, parents can create a plan that works for everyone involved.

If you need help with a custody or visitation matter, contact Divorce Matters today. Our experienced team is ready to help you protect your rights and your child’s best interests.

The Different Types of Child Custody

When parents divorce, a judge will need to decide who the children will spend time with and which parent will have the legal authority to make decisions for the child. Collectively, these are child custody decisions, though Colorado now prefers to use the term “parental rights and responsibilities” instead of “custody.” Child custody decisions are often very emotional ones, although they do not have to be. Read on for more information about the different types of child custody.

Physical Custody

This is perhaps the easiest type of custody to understand. Physical custody means that the child is primarily living with you and is under your supervision. The other parent is given visitation, also called “parenting time.” Depending on the circumstances, parents might be given extensive visitation or limited visitation.

Legal Custody

Even if a child is not living with you, you can have a say about important decisions regarding the child’s healthcare and education. This is legal custody. For example, you might need to decide whether your child can have surgery. If the judge has awarded you legal custody, then you get to make those decisions.

Sole Custody

Sole custody means that only one parent has custody. For example, a parent might be given sole physical and legal custody of the children, thus cutting out the other parent completely. Colorado law does not favor sole custody. Instead, Colorado law advocates that both parents remain in contact with their children. Sole custody is rare and reserved mostly for those situations where one parent is completely unfit.

Joint Custody

Today, joint custody has become the norm. Joint custody can be joint legal custody, joint physical custody, or both. Colorado law tries to keep both parents as involved in their children’s lives as possible. Unless one parent moves out of state, then both should spend extensive amounts of time with their children.

The precise amount will depend on how close the parents live to each other. For example, if they live in the same city or town, then a judge might divide physical custody 50/50. However, if one has moved a couple hours away, then one parent might be given regular weekend visitation as well as time in the summer.

Reaching an Agreement

You can lower the temperature of any divorce by coming up with an arrangement that works for everybody instead of fighting tooth and nail for sole custody. With respect to visitation, parents should create visitation schedules that they can stick to. If you have a busy job, you shouldn’t agree to weekly visitation if you are on the road constantly.

Of course, in some situation, you might not want joint custody with your ex. Common examples include a spouse who has been abusive to his or her children. Every situation is different, and you should discuss your concerns with your divorce lawyer.

Contact a Lakewood Child Custody Attorney for Help

Child custody decisions are probably the most important ones involved in any divorce. For help with your divorce, speak to a Lakewood divorce attorney at Divorce Matters. Our lawyers are happy to meet with you for a consultation, so call 720-580-6745 today.