Holiday visitation rights are generally granted as part of the visitation package. While you are going through your divorce, it may take a while to get this matter settled. There are a couple of ways you can request your holiday visitation rights.
Instructions
1. Ask your spouse to split the holidays. He or she should allow a split if there is no reason visitation should be withheld from you. If your spouse refuses to allow you to see the minor children during a holiday, and you have not had visitation with the minor children on a holiday, then you will need to take further action.
2. Contact your attorney and let him know that your spouse has denied visitation. Do not do this the day before the holiday. It is difficult to get emergency hearings with the court, and many times, the court will not deem holiday visitation an emergency. Start this process at least two months prior to the holiday. Your attorney will file the proper motions.
3. Request mediation if you are pro se (represent yourself). If your state or county requires the parties to attempt mediation prior to granting any relief at a hearing, set mediation. Contact the mediation and diversion services at the local courthouse to set this up.
4. File a motion for temporary relief. File a motion with the court requesting visitation. If you do not have an attorney and you are not comfortable with doing this on your own, many states allow a paralegal to assist you in completing the required forms.
Tags: your spouse, File motion, minor children, with court