Dealing with Probate Around the Holidays

Every year between Thanksgiving and Christmas, parents pour into probate courts across the country with emergency motions regarding who will get custody of the kids for the holidays. If you are recently divorced, figuring out how to share the children over the holidays can be a stressful process for both you and your kids. Taking this issue to the court just days or weeks before a holiday makes matters worse for children who are desperate to know where they will be spending their time.

Christmas is one of the most difficult holidays to mediate between parents. This is because the holiday is never on the same day of the week, making it hard to stick to an arrangement. To make matters more complicated, Christmas can sometimes conflict with weekend visitation agreements when the holiday lands on a weekend.

The goal of a judge in these types of cases is to understand the issues facing the parent with custody and to try to find balance with the parent without custody. Most importantly, a judge will decide what is best for a child so that when they celebrate the holidays and enjoy their vacations, they remain as connected with their parents as possible. How the family traditionally spent their holiday before the divorce will also factor into a judge’s decision.

There are no court-appointed attorneys in probate and family court. Instead, probation officers have been used to fill this role to help deal with issues. Because these issues are often emotionally charged, it is recommended that you secure experienced legal representation to help you through the complexities of probate.

At the Law Office of Frank Bruno, Jr., we have years of experience handling legal issues related to family law. We understand that not all families are the same and that your unique situation cannot be resolved with a cookie cutter solution. We have the knowledge and skills that you need to resolve your familial dispute.

Call (718) 215-9119, or contact our Queens County family law lawyer to begin your free consultation.


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