Can You Change a Holiday Timesharing Schedule in Florida? – When Split Happens Episode 27
Can You Change a Holiday Timesharing Schedule in Florida? – When Split Happens Episode 27
This post is part of a series summarizing each episode of When Split Happens, Sasso Guerrero & Henderlite’s podcast. Access all episode topics here.
Can you change a holiday time-sharing schedule in Florida? In this episode of When Split Happens, family law attorney Jay Henderlite of Sasso Guerrero & Henderlite explains how parents can modify holiday schedules, whether they agree on a change or need court intervention.
Learn why an informal agreement doesn’t replace a court-ordered parenting plan, what Florida requires for a permanent modification, and what to do when a co-parent refuses to follow the holiday schedule. Jay also discusses enforcement, make-up time-sharing, children’s preferences, and why planning ahead is especially important before Thanksgiving and winter break.
Related: Announcing When Split Happens, New Family Law Podcast Hosted by Jay Henderlite
Can you swap Thanksgiving for Christmas, adjust holiday pickup times, or change a holiday rotation that no longer works for your family? Florida parents can change a holiday timesharing schedule, but how they do it matters. Jay Henderlite explains the difference between a one-time agreement and an enforceable modification—and why clear planning helps keep the holidays focused on your children.
Can co-parents agree to swap holidays for one year?
Yes. Parents can agree to trade holidays or adjust exchange times to accommodate family travel. That kind of cooperation can make the season easier for everyone. The important distinction is that an informal agreement does not change the court order.
Your parenting plan remains enforceable even if you and your co-parent agree by text to do something different. If the arrangement falls apart, the written plan is what a judge will enforce.
For a one-time swap, put the agreement in writing, even if it is simply an email, so there is no confusion about what each parent accepted. Written confirmation provides clarity, but it should not be mistaken for a court-approved change to the parenting plan.
What if you want to change the holiday schedule permanently?
If both parents agree on a new holiday rotation going forward, put the terms in a written agreement and submit it to the court for approval. Once a judge approves it, the new schedule becomes the enforceable order.
An agreed modification is usually the fastest and least expensive route because the parents are not asking the court to resolve a dispute. It also gives both households a dependable plan rather than leaving them to renegotiate the same holidays every year.
Can you change the schedule if your co-parent disagrees?
You can file a petition to modify the parenting plan, but wanting a different arrangement is not enough by itself. You will need to show both:
- A substantial and material change in circumstances since the last order.
- That the proposed change is in your child’s best interests.
Florida updated this standard in 2023. The change in circumstances no longer has to be unanticipated.
Potential examples include a parent relocating, a new work schedule that conflicts with the existing holiday rotation, or a child getting older and the current arrangement no longer working for them. These circumstances may support a request, but the focus remains on the required change in circumstances and the child’s best interests. Simply preferring a different holiday usually is not enough on its own.
Can a contested change happen before Thanksgiving or Christmas?
If the holiday is only a few weeks away, realistically, probably not. A contested modification takes time, and most Florida family cases go through mediation before a judge hears them.
Courts do not rush a modification simply because Thanksgiving or Christmas is approaching. Emergency relief is reserved for situations where a child’s safety is genuinely at risk, not ordinary disagreements about holiday plans.
For the approaching season, plan to follow your current order unless you and your co-parent reach an agreement. If you want a different arrangement next year, starting the process now gives you more time to work toward a resolution.
What happens if a co-parent does not follow the holiday schedule?
If your co-parent keeps the children beyond their scheduled time or refuses an exchange, document what happened. Keep a clear record of dates, times, and relevant messages.
Florida courts can enforce a parenting plan, and a judge can order makeup timesharing for time you missed. Repeated violations may also become part of the picture if you later seek a modification.
The practical starting point is a specific record of the missed exchange or withheld time. Clear documentation helps explain the problem more effectively than a general statement that the schedule is not being followed.
Does your child get to choose where to spend the holidays?
Florida law allows a judge to consider a child’s reasonable preference when the child is mature enough to express one. That preference is one factor among many, not the deciding factor by itself.
There is no particular age at which a child gets to choose the holiday schedule independently. An older child’s wishes may be considered, but they do not automatically replace the court-ordered arrangement.
What should a clear holiday timesharing schedule include?
Detail matters. A schedule that says only that “the holidays will be shared” leaves parents to work out the most important questions when travel plans, family expectations, and limited time may already be creating pressure.
A useful holiday schedule spells out:
- Start and end times: Exactly when each parent’s holiday time begins and ends.
- Exchange locations: Where the children will be picked up or dropped off.
- Transportation responsibilities: Who handles transportation for each exchange.
- Holiday rotations: Whether holidays alternate between parents in even and odd years.
- Winter break: How the school break is divided between households.
- Travel and traditions: How the arrangement accounts for travel and extended family traditions.
An even-year and odd-year rotation can help both parents know what to expect years in advance. The goal is not simply to divide the holidays, but to make the arrangement clear enough that neither household has to guess how it works.
What is the best way to approach a holiday schedule change?
Start by separating a one-time adjustment from a lasting change. A temporary swap calls for clear written confirmation. A permanent agreement should be submitted for court approval. When parents disagree, a contested modification requires legal grounds and time to move through the process.
Holiday schedules can change, but a handshake deal does not replace your court order, and a modification will not happen overnight. Cooperation, realistic timing, and specific written terms can reduce conflict and keep the season centered on your children.