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Originally published: December 2025 | Reviewed by Scott A. Levine
Parents in Florida ask this every year: “Who gets the kids for Christmas?” The real answer isn’t about who “deserves” more time—it’s about your parenting plan, your child’s best interests, and how clearly your Christmas and winter-break schedule is written under Florida law.
In Florida, Christmas and winter break time-sharing comes down to the parenting plan and how clearly it’s written.
Most families split holiday time by alternating years or dividing the actual holiday period.
Florida courts recognize the importance of both parents having meaningful holiday time with their children. That’s why parenting plans include special rules for holidays and school breaks.
Holiday custody schedules override the regular parenting plan and specify where kids will be on Christmas Eve, Christmas Day, and during winter break.
Florida law doesn’t give either parent an automatic right to Christmas with the kids. It all depends on what the parenting plan or custody agreement says about holiday time-sharing.
Florida courts don’t pick favorites—moms and dads stand on equal footing when it comes to Christmas custody. No parent gets to claim Christmas as “their” holiday by default.
Parents must have a parenting plan that spells out how they’ll share time with their kids, including details about regular schedules and special occasions like holidays.
If there’s no clear agreement, neither parent can simply declare they get the kids for Christmas.
Courts expect parents to work toward a fair holiday schedule, and if they can’t, a judge will decide based on the children’s best interests.
Holidays are often where vague or missing language in a parenting plan causes the biggest fights.
Most Florida parenting plans lay out a specific holiday time-sharing schedule that trumps the usual weekly routine. If the plan says one parent gets Christmas Eve and the other gets Christmas Day, that’s what happens—no matter what the regular schedule says.
Holiday schedules often rotate. One parent might have Christmas in even-numbered years, and the other in odd-numbered years. Some parents even split Christmas Day itself—one gets the morning, the other the afternoon and evening.
The regular schedule only kicks in if the plan doesn’t mention Christmas or if the holiday falls outside the special rules.
Things get messy when the parenting plan skips Christmas or uses vague language about holidays. In those cases, parents usually have to negotiate or involve the court.
If the plan says nothing about Christmas, then the regular time-sharing schedule applies. Whichever parent would normally have the kids on December 25th gets them that day.
Parents can always agree in writing to switch things up if they both want to and the children are safe.
If they can’t agree, either parent can ask the court to clarify or modify the plan. The judge can then set clear guidelines for future holidays and make the schedule enforceable.
Levine Family Law can also help you modify or enforce custody orders when holiday plans go wrong — reach out to see how we can assist.
If you’re ready to get started, call us now!
Florida law requires parents to tackle holiday time-sharing in their parenting plan. This includes specific arrangements for Christmas Eve, Christmas Day, New Year’s, and winter school breaks.
Courts want clear language about who gets the kids on which days and how parents will alternate years to keep things fair.
Florida Statutes §61.13 says all parents must submit a parenting plan with a detailed time-sharing schedule, including regular time, holidays, and school breaks.
The plan should outline how parents will share time during major holidays such as Christmas, Thanksgiving, and spring break, and make clear that those holiday rules override the regular weekly schedule.
Florida courts see the value in both parents having real holiday time with their kids. Parents can agree to any setup that puts the child’s best interests first.
If parents can’t agree, a judge will make the call. Once the court approves the plan, it becomes a court order—parents must follow it or risk contempt of court.
The Christmas holiday season usually includes Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day, and the whole winter school break.
A solid clause defines start and end times for each part. Parents should nail down whether exchanges happen on Christmas Eve or Christmas morning. Many plans split the day at noon or 2:00 PM.
The clause should also specify whether winter break is split evenly or whether one parent takes the first half and the other the second.
Common winter break arrangements include:
Holiday time-sharing usually overrides the regular parenting schedule. The plan needs to say this clearly so no one gets confused if Christmas lands on a parent’s normal weekend.
The plan should spell out which holidays take priority if special days overlap. It should also clarify whether the holiday period starts when school lets out or at a set time on a certain date.
Parents need to sort out transportation for exchanges. The plan should state who’s responsible for pick-ups and drop-offs, where exchanges happen, and what to do if a parent can’t make it on time.
Most Florida families use a few proven patterns to share Christmas: alternating years, splitting Christmas Eve/Day, assigning fixed holidays, or creating a “double Christmas.” The best option depends on distance, work schedules, and your child’s age—not just what feels fair to the adults.
With this setup, one parent gets the whole Christmas period in even years, and the other in odd years. The Christmas period usually runs from when school lets out until classes start again in January.
This works well for families who travel long distances over the holidays. Each parent gets a full, uninterrupted celebration, and no one’s scrambling to do exchanges mid-break.
Many Florida parenting plans use alternating holiday schedules that swap each year. The parent who misses Christmas often makes up for it by missing Thanksgiving or New Year’s.
The downside? Kids might go an entire year without seeing one of their parents for Christmas. Some families handle this by celebrating early or late with the parent who’s off-duty that year.
This pattern breaks up the actual holiday. One parent gets Christmas Eve through Christmas morning, and the other gets Christmas Day afternoon through the next day.
The schedule flips every year, so both parents get to do the morning gift-opening. Splitting Christmas lets kids celebrate with both parents in the same season.
Parents need to agree on the exact exchange time—maybe 2:00 PM or 3:00 PM on Christmas Day. Living close by definitely makes this easier.
Some families swap kids on Christmas morning after presents, others wait until after lunch. The key is not rushing anyone’s celebration.
Some parents permanently assign certain holidays rather than rotate them. One parent always gets Christmas, the other always gets New Year’s Eve and Day.
This can work if parents celebrate different religions or have strong ties to specific dates. It keeps things simple since the schedule never changes.
“Double Christmas” means kids celebrate twice, so no one misses out. The parent who doesn’t have actual Christmas Day picks another date for presents and a full celebration.
Benefits of fixed schedules:
This approach only works if parents are okay with never having the kids on certain dates. But it does cut down on the back-and-forth of alternating schedules.
| Pattern | How It Works (Short) | Best For | Possible Downsides |
| Alternating Christmas | One parent gets the whole Christmas period in even years, the other in odd years. | Long-distance travel; big family gatherings | Kids may miss one parent on the actual holiday each year. |
| Split Christmas Day | One parent has Christmas Eve and morning; the other has Christmas afternoon and overnight. | Parents who live close and want both sides involved every year. | More driving and transitions for the kids on the holiday. |
| Fixed Holidays | One parent always has Christmas; the other always has New Year’s (or another major holiday). | Families with strong traditions on specific dates | One parent never has the kids on certain holidays. |
| “Double Christmas” | Kids celebrate “Christmas” on different days with each parent (e.g., Dec 23 and Dec 25). | Flexible parents; blended families; travel-heavy schedules | Requires good communication and planning. |
Need a fair Christmas time-sharing plan tailored to your family? Let Levine Family Law review your current agreement and suggest balanced options — contact us now to get started.
If you’re ready to get started, call us now!
If you and your ex can’t agree about holiday arrangements, or one of you ignores the parenting plan, you need to act fast and keep good records. Florida courts take custody violations seriously and offer legal remedies to protect parenting time.
The parenting plan is really the backbone for sorting out disputes. Parents should read the court-approved document closely to see what it actually says about Christmas and holiday time.
If disagreements arise about the holiday schedule, the written plan usually provides the answer. Many plans lay out whether parents alternate Christmas Day or split the break into chunks.
When someone breaks the plan, keeping good records becomes really important. Parents should track:
These records can make a difference if you end up in court. When communicating, parents should avoid emotional language and stick to facts about pickups and drop-offs.
Before heading to court, parents should try less confrontational approaches to resolve Christmas schedule issues. Mediation lets both parents talk things out with a neutral person who helps them find answers.
A family law attorney can explain your rights and whether the other parent is actually breaking the order.
Sometimes, lawyers send formal letters demanding action, and that alone can resolve the issue without going to court.
Co-parenting apps like OurFamilyWizard or AppClose offer neutral ground for communication.
These apps keep a permanent record of all messages and schedule changes, which courts can review. That paper trail can show who’s cooperating and who’s not.
Many parents find that these tools take the edge off conflict because everything stays professional and is documented.
If a parent continues to ignore the holiday schedule, the other parent can file a Motion for Civil Contempt and/or Enforcement of the parenting plan with the court.
This asks the judge to confirm there was a violation and to enforce the time-sharing order.
Florida courts can respond in several ways, including:
– Ordering make-up time-sharing to replace missed holidays
– Requiring the violating parent to pay some or all of the other parent’s attorney’s fees
– Holding the violating parent in civil contempt, which can lead to fines and, in extreme cases, jail
– Modifying parts of the parenting plan if the violations are serious or keep happening
If a parent repeatedly breaks the schedule or creates safety concerns, the court may order supervised time-sharing or tighter exchange rules.
Judges focus on what’s best for the children and generally treat violations of parenting plans very seriously.
Parents who face enforcement should respond promptly and provide proof of compliance with the order or explain the reasons for any changes.
| Situation | First Step to Take | Legal Option If It Keeps Happening |
| The plan is clear, but the other parent ignores it | Calmly point to the exact holiday clause in writing (e.g., text or email). | Motion for Civil Contempt and/or Enforcement of the parenting plan. |
| The plan is vague or silent about Christmas | Try to agree in writing on a one-time holiday schedule. | Ask the court to clarify or modify the parenting plan. |
| Last-minute holiday demands or schedule changes | Offer reasonable alternatives in writing and document responses. | Mediation or a court hearing to set firmer holiday terms. |
| Repeated missed exchanges or chronic no-shows | Keep a detailed log of dates, times, and messages. | Request make-up time, fees, and possible changes to the parenting plan. |
Good holiday co-parenting takes planning, clear deals on traditions and gifts, and rules that keep kids out of grown-up arguments. If parents handle these details together, kids can enjoy the season without all the drama.
Parents should lock in the Christmas schedule at least a month before the holiday. That gives everyone time to sort out travel, buy tickets, and arrange work schedules. Early planning helps both homes get ready without clashing.
Kids need to know the plan, too. Parents should sit down and walk them through where they’ll be on which days. Simple works best: “You’ll have Christmas Eve dinner at Mom’s, then Christmas morning at Dad’s.”
Using a shared digital calendar makes it easier to keep track. Both parents can see it, and older kids can check it themselves. That cuts down on confusion and those last-minute, “Wait, where am I going?” moments.
Kids feel safer when they know what’s coming. They can actually look forward to things at each house, instead of worrying about plans changing out of the blue.
Parents should agree on a fair budget for gifts before shopping. That way, one house doesn’t end up outdoing the other with big-ticket stuff. It helps to set a rule: talk about any gift over a certain price first.
Sharing a gift list between both homes avoids those awkward double presents. Nobody wants to see their kid open the same toy twice. Parents can split up who buys what or the types of gifts.
Some traditions can totally happen at both houses. Opening stockings, baking cookies, or watching favorite movies don’t need to be exclusive. Other traditions might alternate each year.
Visits with extended family need some planning, too. If grandparents want time with the kids, parents should schedule those visits early. Virtual calls work for faraway relatives.
Kids should never have to listen to parents argue about holiday plans. All disagreements should happen by text, email, or phone—just not when the kids are there. Drop-offs should be quick and polite.
Parents shouldn’t ask kids to pass messages back and forth. Saying “Tell your dad” or “Ask your mom” puts them in an awkward position. Adults need to talk to each other directly.
Kids shouldn’t feel guilty for enjoying time at the other parent’s house. Comments like “I’ll be so lonely without you” or “I wish you were here instead” pile on pressure. Kids need to hear that it’s okay to have fun and feel at home in both houses.
Parents shouldn’t grill their kids about what happened at the other house. Asking a bunch of questions about gifts or visitors can feel like an interrogation. If kids want to share, they will. If not, that’s fine too.
Levine Family Law works with parents in Broward County and South Florida to create holiday parenting plans that put kids first. The team helps families understand Florida’s timesharing laws, especially during the holidays when things get stressful.
The attorneys draft detailed holiday schedules for major holidays such as Christmas, Hanukkah, Thanksgiving, and New Year’s.
They sit down with parents to talk through whether to alternate holidays each year or split longer breaks between both homes.
Services include:
Levine Family Law walks parents through the legal requirements while always keeping the spotlight on what actually works for the kids.
Family holiday traditions matter—a lot. The attorneys try to find solutions that let children keep strong bonds with both parents, even when things get complicated.
They handle cases throughout Broward County, including Fort Lauderdale, Hollywood, and nearby South Florida communities, and understand how local school calendars and judges’ expectations affect holiday time-sharing.
Planning with a clear Christmas schedule is almost always easier than fighting about it in December.
Some parents need a full new parenting plan; others just need the holiday section fixed so it actually reflects their lives.
Either way, Levine Family Law offers experienced, approachable guidance and focuses on solutions that work in real homes, not just on paper.
Levine Family Law is ready to help you draft a clear, court-ready holiday parenting plan that protects your family through Christmas and beyond — schedule a consultation today.
Who gets the kids for Christmas in Florida?
In Florida, no parent automatically gets the kids for Christmas. Holiday time-sharing is decided by your court-approved parenting plan and the child’s best interests, not by gender or who has “full custody.” If parents can’t agree, a judge sets the Christmas schedule.
How do Florida parenting plans usually split Christmas and winter break?
Most Florida parenting plans split Christmas and winter break by alternating years or dividing the break into halves. One parent may get the first half and Christmas one year, while the other gets the second half and New Year’s, with the schedule switching the following year.
What happens if my parenting plan doesn’t mention Christmas?
Suppose your parenting plan doesn’t mention Christmas, the regular time-sharing schedule usually controls, so whoever has the kids that day keeps them. Because this often causes conflict, parents can make a one-time written agreement or ask the court to add clear holiday terms.
Can my ex ignore the holiday schedule and still keep the kids for Christmas?
Your ex cannot legally ignore the holiday schedule and keep the kids for Christmas. Once approved, the parenting plan is a court order. If your ex violates it, you can document what happened and ask the court to enforce the order and award make-up time.
Can we change our Christmas schedule without going back to court?
Yes, you can agree in writing to change the Christmas schedule for a particular year without going back to court. For a permanent change to how Christmas or winter break is handled, you typically need a formal modification of the parenting plan.
How does long-distance or out-of-state travel affect Christmas time-sharing in Florida?
When parents live far apart, Florida parenting plans often use longer holiday blocks rather than short splits, such as alternating years in which one parent has the entire winter break. Out-of-state or international Christmas travel must follow the plan and any notice or relocation rules.
Can my child choose which parent to spend Christmas with in Florida?
A child in Florida cannot legally choose which parent to spend Christmas with, but an older, mature child’s preference can be one factor the judge considers. The court still makes the final decision based on the child’s overall best interests and stability.
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