Insights from Kaminski & Pozorski of Manitowoc

The holiday season often brings joy—but for families navigating divorce or separation, it can also bring conflict, uncertainty, and questions about visitation. At Kaminski & Pozorski in Manitowoc, Wisconsin, our family-law team has decades of experience guiding parents through the complex terrain of holiday visitation, custody agreements, and the unique challenges that arise during the end-of-year season. 

In this blog, we’ll walk through common issues that arise with holiday visitation in Wisconsin divorce cases, how local courts tend to view these issues, practical tips for parents, and how our Wisconsin-based (northeastern Wisconsin) law firm can help you proactively address these matters.

1. Why the Holidays Pose Special Visitation Challenges

While standard visitation schedules may work for most of the year, the holidays add layers of complexity:

• Multiple special days: Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day, and other holidays may all be at issue.
• Extended travel and obligations: Out-of-town relatives, travel logistics, school vacations, and weather delays all complicate scheduling.
• Heightened emotions: For many children, holidays carry significant emotional weight. As one parent may feel a sense of ownership of “their” special day, conflict often arises.
• Ambiguity in parenting plans: Many parenting orders were drafted without detailed holiday provisions and thus leave room for disagreement.
• Changing circumstances: What worked last year may not work this year—children get older, travel becomes easier or harder, parents relocate, etc.
  

Because of these factors, it’s wise to treat holiday visitation as a distinct negotiation point rather than simply an extension of regular weekends.

2. How Wisconsin Law and the Courts Approach Holiday Visitation

In Wisconsin, visitation (often called “physical placement” or “parenting time”) and custody (legal decision-making) are guided by the “best interests of the child” standard. While there is no statute that dictates exactly how holidays must be divided, the following are relevant considerations:

• The court will look at how the holiday schedule fits with the child’s regular routine and whether it promotes stability, school, extracurricular activities, and parental involvement.
• Parenting plans that are clear and comprehensive—including holiday schedules—are strongly preferred, as they reduce conflict and ambiguity.
• Modifications may be warranted if there is a substantial change in circumstances (for example, one parent relocating, significant travel burdens, or new work schedules).
• Courts admire arrangements that reflect cooperation and communication between parents—shared flexibility is often rewarded.
  

At Kaminski & Pozorski, we consistently advise clients that the holiday component should be explicitly addressed in the parenting plan—either initially or via amendment—to avoid last-minute scrambling and arguments.

3. Key Components to Address in a Holiday Visitation Schedule

When drafting or modifying a parenting plan around the holidays, consider the following elements to ensure clarity and reduce conflict:

• Which days: Specify each holiday (e.g., Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day, possibly Thanksgiving) rather than lumping them generically.
• Time periods: Define start and end times (for example: “Parent A to have the child from 5 p.m. on December 24 through 10 a.m. on December 26”).
• Alternation pattern: If holidays alternate between parents each year, indicate how the rotation works (“even years Parent A has Christmas Eve; odd years Parent B has Christmas Day,” etc.).
• Travel logistics: Address who is responsible for transportation, pick-up/drop-off location and times, and what happens if weather/travel disruptions occur.
• Extended vacation/remote travel: If one parent may take the child out of state or for an extended period over winter break, set rules or guidelines for that scenario.
• Virtual/phone contact: If one parent has limited time, build in virtual visitation (video-call check-ins) so the child can stay connected.
• Back-up plan: Define what happens in unexpected circumstances (e.g., illness, travel delay, parent’s work obligations) to avoid claims of “I should have had the child but the other parent didn’t show up.”
• Communication expectations: Encourage respectful communication between parents regarding holiday plans, changes, and coordination of the child’s activities.
• Vacation days from school: Many schools release children for winter breaks—decide how those days integrate with the holiday plan.
  

By addressing each component, parents reduce the likelihood of misunderstandings and litigation. At our firm, we strongly encourage including holiday visitation specifics in the parenting plan rather than leaving things vague.

4. Practical Tips for Parents Facing Holiday Visitation Issues

• Begin early: Fathers and mothers alike benefit from beginning holiday discussions well before December. Delays increase stress and risk of conflict.
• Put it in writing: Whether through the court-ordered parenting plan or a signed written addendum, avoid oral agreements only—they’re harder to enforce if disputes arise.
• Focus on the child’s experience: The more parents keep the child’s sense of holiday continuity, tradition, and joy in mind, the smoother the transition.
• Be flexible—but have boundaries: Flexibility fosters goodwill, but avoid giving up your time just because the other parent asks last minute. If you say “yes” voluntarily, make sure it’s documented.
• Document changes: If a parent agrees to modify the plan (say, trade Christmas Day for New Year’s Day) get it in writing (email, text) so both sides are clear.
• Consider mediation: If you and the other parent struggle to agree on the holiday schedule, mediation (or collaborative law) can avoid court and preserve the co-parenting relationship.
• Prepare for “what-ifs”: Weather, travel delays, illnesses, job demands—set up backup provisions so neither parent is left scrambling.
• Avoid using the child as a message bearer: Let the child enjoy the holiday without being put in the middle of adult disputes.
• Know when to modify: If circumstances change (relocation, a parent’s job hours change, the child’s school or extracurricular schedule changes), revisit the parenting plan rather than let it become outdated.
  

5. How Kaminski & Pozorski Can Help You in Northeast Wisconsin

Based in Manitowoc with service to Green Bay, Sheboygan, Kewaunee and the Fox Valley region, our firm brings more than 40 years of experience assisting families with divorce, custody, visitation, and parenting plan modifications. 

Here’s how we assist clients facing holiday visitation issues:

• Initial consultation and strategy: We’ll assess your existing parenting plan (or absence of one), review your holiday goals, and help you develop an arrangement that works for you and your child.
• Drafting or amending parenting plans: Whether you’re going through an initial divorce or seeking to modify an existing order, we will help you craft clear, enforceable holiday visitation provisions.
• Mediation and negotiation: We assist in resolving holiday-time disputes without full-blown litigation, helping parents reach workable agreements peacefully and efficiently.
• Litigation when necessary: In high-conflict cases where negotiation fails, our trial-experienced lawyers are prepared to advocate your interests in court.
• Enforcement & modification: If a parent isn’t following the holiday schedule, or if your circumstances have changed and modification is needed, we guide you through the legal process.
  

Because we’re local to Northeast Wisconsin and know the courts, the community and local dynamics, we can offer advice that’s grounded in practical, region-specific experience.

6. Takeaway: Start Planning Now

If you have a divorce, separation, or custody order and holidays are approaching, now is the time to:

1. Review your parenting plan and see how holidays are addressed (or not).
2. Identify what you’d like for your child during the holidays, and what time you’d like to have.
3. Communicate with the other parent early, respectfully, and preferably in writing.
4. If needed, consult an attorney (such as Kaminski & Pozorski) to draft or amend the plan so the holiday schedule is clear and enforceable.
5. Preserve the child’s best interests—emphasizing stability, tradition, and minimal conflict.
   

At Kaminski & Pozorski, we understand that the holiday season is sacred time for families—even those experiencing transitions. We believe that with the right preparation and legal support, your child can enjoy meaningful, joyful holidays with both parents—and without the stress of unresolved visitation disputes.

Contact Us

Let us help you make this holiday season as smooth and positive as possible for you and your family.