Holiday Custody Schedules in Florida: 2026 Parenting Plan Guide

Florida courts require parents to divide holiday time-sharing equally between both parents under the 50/50 presumption established in Todd v. Todd-Guillaume, 972 So. 2d 1003 (Fla. 4th DCA 2008). Under Fla. Stat. § 61.13, every parenting plan filed in Florida must include a detailed holiday schedule that specifies exact dates, times, and exchange locations for all major holidays, school breaks, and special occasions. Florida does not use the term "custody" but instead requires a comprehensive parenting plan with a time-sharing schedule that accounts for 365 overnights per year. Judges will reject parenting plans that use vague language like "reasonable time" or fail to address holiday conflicts with specific provisions.

Key Facts: Florida Holiday Custody Schedules

What Florida Law Requires for Holiday Time-Sharing Schedules

Florida law requires every parenting plan to include specific provisions for holiday time-sharing that override the regular weekly schedule. Under Fla. Stat. § 61.046(22), the time-sharing schedule must specify "the time, including overnights and holidays, that a minor child will spend with" each parent. Florida courts will not approve a parenting plan that fails to address holiday scheduling with sufficient detail and specificity.

The landmark case Todd v. Todd-Guillaume established that Florida judges abuse their discretion if they divide holidays in any way other than 50/50 unless they make an express finding that equal division would not serve the child's best interests. This 2008 appellate decision remains binding precedent and means parents should expect holidays to be split equally between households.

Florida requires parents to specify the following elements for each holiday in their parenting plan:

• The exact start date and time for each parent's holiday time
• The exact end date and time for each parent's holiday time
• The exchange location (specific address, not "at school")
• Transportation responsibility (who drives, who picks up)
• Whether the holiday schedule overrides the regular time-sharing schedule
• Which parent has the child in even-numbered years versus odd-numbered years

Courts reject parenting plans with language like "the parents will share holidays" or "holidays will be divided fairly." Such vague terms create enforcement problems and lead to contempt proceedings when parents disagree about what "fair" means.

How to Structure Your Florida Holiday Custody Schedule

Florida parents have three primary approaches for dividing holiday time-sharing: alternating entire holidays by year, splitting each holiday in half, or a hybrid approach combining both methods. The alternating approach assigns entire holidays to one parent in even years and the other parent in odd years. The split approach divides each holiday so both parents see the child every year. Most Florida families use a combination depending on the specific holiday and family traditions.

Alternating Holiday Schedule (Even/Odd Years)

Under the alternating approach, Parent A receives Thanksgiving, Christmas Eve, and spring break in even-numbered years (2026, 2028, 2030), while Parent B receives these same holidays in odd-numbered years (2027, 2029, 2031). This method ensures each parent experiences complete holiday celebrations without mid-day exchanges that disrupt family gatherings.

Sample Alternating Holiday Schedule

Split Holiday Approach

Some Florida families prefer splitting major holidays so both parents see the child every year. Under this approach, Christmas might be divided with Parent A having Christmas Eve through Christmas morning and Parent B having Christmas afternoon through December 26. This method works well when parents live within 30 miles of each other and can manage mid-holiday exchanges without excessive travel time for the child.

The split approach requires more precise timing and coordination. Parents must specify whether Christmas morning means 6:00 AM, 8:00 AM, or 10:00 AM. Florida courts have heard countless disputes over what "Christmas morning" means when one parent interprets it as dawn and the other as noon.

Florida School Break Time-Sharing Requirements

Florida parenting plans must address winter break, spring break, and summer vacation separately from the regular weekly schedule. Under Fla. Stat. § 61.13, parents must calculate the total number of overnights each parent receives annually, and this calculation directly affects child support obligations. School break time-sharing often constitutes 60-90 overnights per year depending on the school district calendar.

Winter Break (Christmas/Hanukkah Season)

Florida public schools typically have a two-week winter break from approximately December 20 through January 3. Parents commonly divide this break at Christmas Day, with one parent having the child from the last day of school through December 25 at 2:00 PM and the other parent having December 25 at 2:00 PM through the day before school resumes.

The winter break schedule should specify:

• Whether the schedule begins when school releases (typically early afternoon) or at 6:00 PM
• The exact time and location of the Christmas Day exchange
• How New Year's Eve is handled (some families treat it as a separate holiday)
• Whether the returning parent handles the first-day-of-school transportation

Spring Break

Most Florida school districts schedule spring break for one week in March or April. Parents typically alternate spring break entirely by year rather than splitting it, as a week-long vacation provides meaningful extended time with each parent. The parenting plan should specify:

• The start time (last day of school at 6:00 PM or Saturday morning)
• The end time (day before school at 6:00 PM or the morning school resumes)
• Whether the vacationing parent can travel out of state (Florida requires 60 days notice for relocations exceeding 50 miles under Fla. Stat. § 61.13001, but vacation travel during scheduled time-sharing typically requires shorter notice)

Summer Vacation

Florida summer breaks extend approximately 10-12 weeks depending on the school district. Most parenting plans provide for extended summer time-sharing blocks of 2-4 consecutive weeks for each parent. The non-primary parent often receives the majority of summer time-sharing to balance the school-year schedule.

Florida courts require parents to specify in their parenting plan:

• How many consecutive weeks each parent receives
• The deadline for selecting specific summer weeks (often May 1 or 60 days before summer begins)
• Which parent has priority in selecting first (typically alternating by year)
• Whether the summer schedule completely replaces the regular weekly schedule
• Whether Father's Day and Mother's Day override summer time-sharing

Specific Holiday Provisions Required in Florida Parenting Plans

Florida Form 12.995(a) provides a standardized template for parenting plans that includes a holiday schedule section. However, the form's blanks are often insufficient for complex family situations. Experienced family law attorneys recommend drafting a detailed holiday addendum that addresses each occasion specifically.

Holidays to Address in Your Parenting Plan

• Thanksgiving (Wednesday through Sunday or Thursday only)
• Christmas Eve and Christmas Day (specify exact hours)
• New Year's Eve and New Year's Day
• Easter Sunday (or Passover for Jewish families)
• Spring Break (entire week)
• Summer Vacation (multiple weeks)
• Memorial Day Weekend (Friday through Monday)
• Independence Day (July 4, or July 3-5 for extended observance)
• Labor Day Weekend (Friday through Monday)
• Halloween (trick-or-treating hours, typically 5:00 PM to 9:00 PM)
• Mother's Day (Saturday 6:00 PM through Sunday 6:00 PM)
• Father's Day (Saturday 6:00 PM through Sunday 6:00 PM)
• Each Child's Birthday (specify whether the actual date or celebration weekend)
• Each Parent's Birthday (some families include this)
• Religious Holidays (Rosh Hashanah, Yom Kippur, Eid, Diwali, etc.)
• School In-Service Days and Teacher Workdays

Sample Holiday Language for Florida Parenting Plans

Florida courts approve specific, enforceable language. Consider this example for Christmas:

"In even-numbered years (2026, 2028, etc.), the Mother shall have the child from December 23 at 6:00 PM until December 25 at 2:00 PM. The Father shall have the child from December 25 at 2:00 PM until December 27 at 6:00 PM. In odd-numbered years, these periods shall reverse. The exchange shall occur at the Publix parking lot at 123 Main Street, Tampa, FL. The receiving parent shall arrive by the designated time and wait no longer than 30 minutes before the exchange is deemed a violation."

The 50/50 Holiday Presumption Under Todd v. Todd-Guillaume

The Florida Fourth District Court of Appeal established in Todd v. Todd-Guillaume, 972 So. 2d 1003 (Fla. 4th DCA 2008) that trial courts abuse their discretion by awarding unequal holiday time-sharing without making express findings that equal time-sharing would harm the child. This precedent means Florida parents should expect holidays to be divided 50/50 unless extraordinary circumstances exist.

Circumstances that might justify deviation from 50/50 holiday time-sharing include:

• A history of domestic violence affecting holiday celebrations
• Geographic distance making exchanges impractical (parent relocated more than 100 miles)
• A parent's work schedule requiring holiday employment (emergency services, healthcare)
• The child's special needs requiring consistency that mid-holiday exchanges would disrupt
• A parent's substance abuse issues documented by the court

Absent such findings, Florida appellate courts have reversed trial court orders that awarded one parent disproportionate holiday time. The remedy on appeal is typically remand with instructions to divide holidays equally or to make specific findings justifying the unequal division.

2023 Changes Affecting Florida Holiday Custody Schedules

Effective July 1, 2023, Florida's HB 1301 made significant changes to time-sharing law under Fla. Stat. § 61.13. The new law creates a rebuttable presumption that equal time-sharing (50/50) serves the child's best interests. While this presumption primarily affects regular weekly schedules, it reinforces the holiday 50/50 standard established in Todd v. Todd-Guillaume.

Key changes under HB 1301:

• Equal time-sharing is now presumed to be in the child's best interests (previously, there was no presumption)
• The parent opposing 50/50 time-sharing must prove by a preponderance of the evidence that equal time-sharing is not in the child's best interests
• Modification no longer requires proving the change in circumstances was "unanticipated"
• If one parent moves within 50 miles of the other parent, that move constitutes a substantial and material change allowing modification

These changes make it easier for parents to modify existing parenting plans that contain unequal holiday provisions. A parent who received less than 50% holiday time-sharing under an older order may now have grounds to seek modification without proving the original order was based on circumstances that changed unexpectedly.

Enforcing Holiday Time-Sharing Orders in Florida

Under Fla. Stat. § 61.13(4), Florida courts have specific enforcement powers when one parent violates the holiday time-sharing schedule. Remedies include make-up time-sharing, attorney's fees and costs, community service, and in severe cases, modification of the parenting plan or incarceration for contempt of court.

The parent alleging a violation must file a motion for contempt and/or enforcement with the circuit court that issued the original parenting plan. The court will schedule a hearing where the accused parent can present defenses. Valid defenses to holiday time-sharing violations include:

• The child's serious illness requiring medical attention during the exchange time
• Documented emergency circumstances beyond the parent's control
• The other parent's consent to modify the schedule for that specific occasion
• Ambiguity in the parenting plan language that the court should clarify

Excuses that Florida courts reject include:

• The child did not want to go
• The other parent was 15 minutes late last time
• Family members from out of town wanted to see the child
• The receiving parent's home was "not suitable" without a court finding

Florida courts take holiday time-sharing violations seriously because the lost time cannot truly be replaced. Missing Christmas with a child cannot be remedied by a make-up day in February. Courts may award attorney's fees under Fla. Stat. § 61.16 when one parent is found in willful contempt of a time-sharing order.

Creating an Enforceable Holiday Schedule: Best Practices

Florida family law attorneys recommend the following practices when drafting holiday provisions for your parenting plan:

Use Military Time or Specify AM/PM

Avoid ambiguity by writing "6:00 PM" rather than "6:00" alone. Some parents use 24-hour military time (18:00) to eliminate any confusion.

Name the School District Calendar

Instead of writing "spring break," specify "spring break as designated by the Hillsborough County Public Schools academic calendar." This prevents disputes when parents live in different school districts.

Include a Priority Clause

State explicitly: "The holiday schedule takes precedence over the regular weekly time-sharing schedule. When a holiday period conflicts with the regular schedule, the holiday schedule controls."

Address Three-Day Weekends

Federal holidays creating Monday three-day weekends (Memorial Day, Labor Day, MLK Day, Presidents Day) should be addressed specifically or assigned to the parent with the preceding weekend.

Plan for Schedule Conflicts

When a child's birthday falls on a holiday already assigned to the other parent, specify which takes priority. For example: "The child's birthday takes precedence over all other holidays except Christmas Day and Thanksgiving Day."

Include a Makeup Provision

Specify how missed time-sharing due to illness, emergency, or scheduling conflict will be made up: "If a holiday exchange cannot occur due to documented emergency, the affected parent shall receive equivalent make-up time within 30 days, to be scheduled by agreement or, if no agreement is reached within 14 days, by the parent who missed the time."

Florida Parenting Plan Forms for Holiday Schedules

The Florida Supreme Court provides standardized parenting plan forms that include holiday schedule sections:

Form 12.995(a): Standard Parenting Plan

Used for most divorces and paternity cases where no safety concerns exist. Includes blanks for holiday assignments but often requires a detailed addendum for complex holiday arrangements.

Form 12.995(b): Safety-Focused Parenting Plan

Used when domestic violence, substance abuse, or other safety concerns require supervised time-sharing or restricted contact. Holiday provisions in this form may include supervision requirements and restricted locations.

Form 12.995(c): Long-Distance Parenting Plan

Used when parents live more than 50 miles apart. This form emphasizes extended time-sharing periods (summer, winter break, spring break) rather than alternating weekends that would be impractical due to distance.

All three forms must be filed with the Clerk of Circuit Court and approved by a family court judge before becoming enforceable orders.

Costs Associated with Florida Holiday Custody Matters

The filing fee for an initial divorce or paternity case in Florida ranges from $408 to $418 depending on the county. Modifying an existing parenting plan requires a supplemental petition with a filing fee of approximately $50-$75. Contempt motions for enforcing holiday time-sharing cost $50-$75 to file.

Florida family law attorneys typically charge $200-$600 per hour. Drafting a comprehensive parenting plan with detailed holiday provisions may require 3-8 hours of attorney time ($600-$4,800). Contested holiday time-sharing disputes that proceed to hearing may cost $2,500-$10,000 or more in attorney's fees.

Mediation offers a cost-effective alternative for resolving holiday schedule disputes. Florida courts require mediation before most contested custody hearings. Mediator fees range from $100-$350 per hour, with most holiday-specific sessions resolving within 2-4 hours ($200-$1,400).

Frequently Asked Questions: Florida Holiday Custody Schedules

Can Florida courts give one parent all major holidays?

Florida courts cannot award all major holidays to one parent without making express findings that 50/50 holiday time-sharing would harm the child. Under Todd v. Todd-Guillaume (2008), judges abuse their discretion by dividing holidays unequally without justifying the deviation. The parent seeking more than 50% holiday time must prove that equal division is not in the child's best interests.

What happens if my ex refuses to return my child after a holiday?

File a motion for contempt and enforcement with the circuit court that issued your parenting plan. Florida courts can order make-up time-sharing, attorney's fee reimbursement ($200-$600 per hour typical), community service hours, and incarceration for willful contempt. Document the violation with text messages, photos of the exchange location, and witness statements.

Do I need a lawyer to create a holiday custody schedule in Florida?

Florida allows self-represented parties to file parenting plans using Form 12.995(a). However, poorly drafted holiday provisions create enforcement problems and costly modification proceedings. Attorney fees for drafting a comprehensive parenting plan ($600-$4,800) often cost less than litigating ambiguous holiday language later ($2,500-$10,000 or more).

How does Florida handle holidays when parents live in different states?

Florida uses Form 12.995(c) for long-distance parenting plans where parents live more than 50 miles apart. Holiday provisions typically emphasize extended time-sharing periods (entire winter break, entire summer break) rather than alternating specific days. Travel costs are usually divided equally or assigned to the traveling parent. The parenting plan must specify which parent provides transportation and the exact meeting location.

Can my child decide which parent to spend holidays with?

Florida considers the child's preference but does not allow children to choose their own schedule. Under Fla. Stat. § 61.13, judges may consider "the reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference." Most judges begin giving weight to preferences around age 12-14, but the child's preference is only one of 20+ factors the court considers.

What if my work schedule conflicts with holiday time-sharing?

Your work schedule does not excuse compliance with court-ordered holiday time-sharing. However, you can file a petition to modify the parenting plan if your work schedule has substantially changed since the original order. Under the 2023 amendments to Fla. Stat. § 61.13, the change no longer needs to be "unanticipated" - only substantial and material.

How far in advance must I notify my ex about holiday travel plans?

Florida Statute § 61.13001 requires 60 days written notice for relocations exceeding 50 miles that last more than 60 days. For shorter vacation travel during your scheduled holiday time-sharing, most parenting plans require 14-30 days notice with flight information and contact details. If your parenting plan is silent on vacation notice, provide reasonable notice and document it in writing.

Can I modify an old holiday schedule that gives me less than 50%?

Yes, the 2023 amendments to Florida time-sharing law make modification easier. You no longer need to prove the change was "unanticipated" - only that a substantial and material change in circumstances has occurred. The new 50/50 presumption under HB 1301 supports petitions seeking equal holiday time-sharing when the original order awarded less.

What holidays does Florida require in a parenting plan?

Florida Form 12.995(a) specifically lists: New Year's Day, Martin Luther King Day, Presidents Day, Easter, Passover, Memorial Day Weekend, Independence Day, Labor Day Weekend, Columbus Day Weekend, Halloween, Veterans Day, Thanksgiving, Hanukkah, Christmas Eve/Day, Winter Break, Spring Break, Summer Vacation, Mother's Day, Father's Day, child's birthday, and each parent's birthday. You may add religious or cultural holidays important to your family.

What time does a holiday start and end in Florida?

Florida law does not define default holiday start and end times. Your parenting plan must specify exact times. Most plans use 6:00 PM as a standard exchange time because it allows for school pickup or a post-work transition. Some families use noon or 2:00 PM for mid-holiday exchanges (Christmas Day, Thanksgiving Day). Without specified times, enforcement becomes nearly impossible.

Author Information

This guide was prepared by Antonio G. Jimenez, Esq., Florida Bar No. 21022, covering Florida divorce and family law matters. The information provided is current as of March 2026. Filing fees and court procedures should be verified with your local Clerk of Circuit Court before filing. This guide provides general legal information and does not constitute legal advice for your specific situation.