Navigating Holiday Visitation in Wisconsin Divorce Cases
November 4, 2025
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:
- Review your parenting plan and see how holidays are addressed (or not).
- Identify what you’d like for your child during the holidays, and what time you’d like to have.
- Communicate with the other parent early, respectfully, and preferably in writing.
- If needed, consult an attorney (such as Kaminski & Pozorski) to draft or amend the plan so the holiday schedule is clear and enforceable.
- 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
If you’re in Manitowoc, Green Bay, Sheboygan, Kewaunee or the surrounding area and need assistance with holiday visitation, parenting plans, or family law matters, please contact Kaminski & Pozorski at (920) 684-6694 for a free consultation.
Let us help you make this holiday season as smooth and positive as possible for you and your family.
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Welcome to the Kaminski & Pozorski Law Firm Blog! At Kaminski & Pozorski, we understand that family law matters are often emotional and complicated. Whether you're facing a divorce, custody dispute, or need guidance on child support or adoption, our experienced attorneys are here to provide expert legal advice and compassionate representation in Manitowoc, Wisconsin, and surrounding areas. In this blog, we will regularly share insights and tips on various family law issues that can help you navigate the complexities of family matters with confidence. Understanding Family Law: What You Need to Know Family law encompasses a broad range of legal issues that affect families, relationships, and children. At Kaminski & Pozorski, we believe it’s important for you to have a clear understanding of your rights and obligations in any family law situation. Here’s an overview of some common family law issues that people in Manitowoc may encounter: 1. Divorce and Legal Separation Divorce can be a challenging and emotionally draining process. In Wisconsin, divorce is typically granted on the grounds of irretrievable breakdown of the marriage. This means that one or both spouses believe that the marriage cannot be repaired. When facing a divorce, you will need to address a range of issues, including: Property Division : Wisconsin follows the principle of "equitable distribution," meaning assets and debts are divided fairly, though not always equally. Alimony/Spousal Support : Depending on factors like the length of the marriage and the financial standing of each spouse, one spouse may be required to pay alimony to the other. Child Custody and Visitation : Wisconsin courts make decisions based on the best interests of the child, which includes factors such as the child's relationship with each parent and the ability of each parent to provide care. 2. Child Custody and Parenting Plans If you have children, child custody is one of the most important issues to address in any divorce or separation. Wisconsin law emphasizes the importance of shared parental responsibility. In most cases, both parents are encouraged to participate in decision-making regarding the child’s health, education, and general welfare. Parents are also required to develop a parenting plan , which outlines the custody arrangement and visitation schedule. If parents cannot agree, the court will decide based on what is best for the child, considering the child’s age, stability, and relationship with each parent. 3. Child Support Child support in Wisconsin is determined based on a formula that takes into account parents' income and the amount of time each parent spends with the child. The goal of child support is to ensure that the child’s financial needs are met, and that both parents contribute to the child’s upbringing. 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Whether you're looking to adopt a child through an agency, private adoption, or even a step-parent adoption, Kaminski & Pozorski can help guide you through the legal procedures. We also handle termination of parental rights cases, where one biological parent may voluntarily relinquish or be legally stripped of their rights due to certain circumstances. These cases are sensitive and require careful consideration, but we are here to provide support. Why Choose Kaminski & Pozorski for Family Law Matters? When dealing with family law issues, it's crucial to have experienced legal representation that understands both the law and the emotional complexities of family matters. Kaminski & Pozorski brings over 25 years of combined legal expertise in Manitowoc and surrounding areas. Our Approach: Personalized Attention : Every family law case is unique, and we tailor our approach to your specific needs. We take the time to listen to your concerns and explain your options in clear, straightforward language. Compassionate Support : We understand the emotional toll family law matters can take, and we're here to provide you with the compassionate, empathetic support you deserve. Skilled Negotiators and Advocates : While we strive to reach amicable solutions through negotiation and mediation, we are also prepared to fight for your rights in the courtroom if necessary. Get Started with Kaminski & Pozorski Today If you are facing a family law issue in Manitowoc, or if you simply have questions about your legal rights, don’t hesitate to reach out. Our team at Kaminski & Pozorski is ready to guide you through every step of the process. Whether you're dealing with divorce, custody disputes, or need advice on any family-related legal matter, we are here to help. Contact us today for a consultation! Phone: (920) 684-6694 Email: info@kaminskiandpozorski.com Office Address: 846 North 8 th Street, Manitowoc, WI
Divorce can be one of the most financially challenging events in life. During marriage, couples often pool their financial resources to cover essential expenses like rent, groceries, and utilities. After the divorce, each spouse must rely on their own finances to get by. In some instances, one spouse may be required to pay alimony, known as spousal maintenance in Wisconsin, especially when there's a significant income disparity. This court-ordered support aims to help the economically disadvantaged spouse maintain a comparable standard of living. Clients frequently ask whether they will be obligated to pay maintenance, how much, and for what duration. There is no universal formula for determining the amount or length of spousal maintenance payments. Each case is unique, and spousal maintenance orders depend on various factors, including the requesting spouse's financial need versus the other spouse's ability to pay. Courts often consider how long the marriage lasted, with longer marriages typically increasing the likelihood of an award. In many cases, the court will specify both a start and an end date for maintenance payments. For instance, payments might be set for a certain number of years or until the receiving spouse completes a degree. In rare cases, payments may be indefinite, meaning the paying spouse continues to provide support until the recipient passes away, remarries, or requests a modification in court. If circumstances change, the paying spouse can petition the court to lower or eliminate the maintenance payments based on their financial situation. Remember, seeking the guidance of an experienced family law attorney will significantly increase your chances of a successful resolution. Contact Kaminski & Pozorski , located in Manitowoc, WI today for a Free Consultation .
Mediation is a powerful tool for conflict resolution used in many legal areas, including family law. The process of Mediation usually involves the parties, their Attorneys in some instances and a third party mediator. Mediation is a valuable tool that aims to help divorcing couples solve their disputes peacefully. The Mediator, who is neutral and unbiassed, is there to help them find common ground and to work through disagreements, that to the parties, may seem, at first, impossible to solve. Using various techniques, Mediators can help bridge the gap between the parties and secure not only a resolution to the issues that separate the parties but hopefully to preserve some level of respect that each of the parties will need to show to one another following the divorce process, for any variety of reasons. In Wisconsin there are two types of Mediation. The first, and common Mediation, is the Mediation that the Court Orders to help parties try and resolve differences in child custody/placement issues. The Mediator is usually a licensed professional, normally a counselor, that assists the Court in meeting with the parties in trying to work out a visitation/placement schedule. It is very informal. The parties attend these Mediations by themselves without their attorneys or friends. If the Mediation is successful, a report is provided to the Court and to the parties’ Attorneys for review. If there is no objection, the Court then adopts the Mediation report and Enters an Order resolving that dispute. Again, this is a very informal process.
