How to Split Christmas and Winter Break Custody in Florida

Child custody during the holidays stresses out even the most cooperative co-parents. You’re trying to figure out who gets Christmas morning, when exchanges happen, and how to keep your kids happy during what should be their favorite time of year.

Florida doesn’t force you into one rigid schedule. You have more flexibility than you might think when it comes to splitting winter break and Christmas. Let’s walk through your options and how to make them work.

Four Common Ways to Split Winter Break

These are the most popular approaches Florida families use for child custody during the holidays:

1. Split the Break in Half

One parent gets the first half of winter break, the other gets the second half. The exchange happens around Christmas Day or December 26. You alternate who gets which half each year.

Example: Mom has the kids from December 20 (last day of school) through December 25 at 2 p.m. Dad picks them up at 2 p.m. on December 25 and keeps them until school starts again on January 6.

This way, each parent gets Christmas morning every other year.

2. Divide Christmas Eve and Christmas Day

Some parents want both to be involved in Christmas itself. You split the actual holiday into two periods and alternate who gets which day each year.

Example: In even years, Parent A has Christmas Eve (December 24) from 9 a.m. to 8 p.m. Parent B picks up at 8 p.m. and keeps the kids through Christmas Day until 8 p.m. on December 25. Then you switch in odd years.

The rest of winter break can follow your regular time-sharing schedule or be divided separately.

3. Alternate the Entire Break

One parent gets the whole winter break in even years, the other gets it in odd years. It’s simple to track and gives each parent uninterrupted time.

The downside? You’re away from your kids for the entire holiday season every other year.

4. Follow Your Regular Schedule

Some parents skip special holiday arrangements entirely. They stick to their normal time-sharing, whether that’s week-on/week-off, weekdays with one parent and weekends with the other, or something else.

This works when you live close to each other and when your regular schedule already gives both parents quality time.

What Florida Law Says About Winter Break

Florida gives you flexibility on child custody during the holidays. According to Florida Statute 61.13, your parenting plan must include a time-sharing schedule that covers holidays and school breaks.

Florida Supreme Court Approved Family Law Form 12.995(a) or (b) offers a standard template many parents use as a starting point:

• In odd-numbered years, one parent gets from when school lets out (6 p.m.) until noon on December 26
• The other parent gets from noon on December 26 until school resumes
• In even-numbered years, you flip it

But this is just a default. You and your co-parent can create any schedule that works for your family.

Writing Your Winter Break Schedule

Once you pick your approach, get specific. Vague language creates fights later. Your parenting plan needs these details:

Exact Start and End Times

“Christmas morning” isn’t specific enough. “December 25 at 9 a.m.” is.

Exchange Location and Method

Where do you meet? Who drives? What happens if someone is late?

Holiday Priority Over Regular Schedule

If your regular schedule gives Mom weekends and Christmas falls on a Saturday, does the holiday schedule override?

Travel Requirements

If one parent wants to take the kids out of state, what’s the notice requirement? Do you need written permission?

Getting Your Schedule Approved

Your holiday schedule becomes legally binding when it’s part of your parenting plan. You have two paths:

1. Agreement Between Parents

If you and your co-parent can work it out, draft your proposed schedule and submit it to the court. The judge reviews it to confirm it serves your child’s best interests, then incorporates it into your final order.

This is the fastest and least expensive option. Mediation can help if you’re close to agreement but stuck on details.

2. Court Decision

When you can’t agree, the court decides. Each parent proposes a schedule. The judge considers factors from Florida Statute 61.13:

• Your child’s age and needs
• Each parent’s availability
• Distance between your homes
• Which schedule promotes a close relationship with both parents

The court wants both parents involved in holidays whenever possible. You’ll need a compelling reason for the court to give one parent the entire break every year.

Making Exchanges Smooth During the Holidays

Your schedule only works if you can follow it. Here’s how to make exchanges less stressful:

Confirm Details 24-48 Hours Ahead

Send a quick text as a reminder. Something like “Picking up the kids at 2 p.m. tomorrow at your place, right?” confirms details in a way that’s simple yet clear.

Pack Ahead

Have a checklist of what needs to travel: winter coats, favorite toys, medications, etc.

Choose Neutral Locations When Tension is High

Many parents meet at a library, police station parking lot, or school.

Build in Buffer Time

If school lets out at 3 p.m., arrange pickup for 3:30 p.m. to account for traffic or forgotten items.

What to Do When Plans Need to Change

Life happens. Someone gets sick, a family emergency comes up, or plans shift.

When you need to modify your holiday schedule, reach out to your co-parent as soon as possible. The more notice you give, the better chance you have of working it out.

Document Everything in Writing

Even informal agreements should go in an email or text. “Thanks for letting me take the kids to my sister’s wedding on the 23rd. I’ll make up the time by giving you the first weekend in January.”

For Permanent Changes, You Need Court Approval

File a petition for modification and show a substantial change in circumstances. Moving to a different city, a major work schedule change, or your child’s evolving needs can justify modifying your holiday schedule.

Planning Ahead for Future Years

Your Christmas and winter break schedule should grow with your kids. What works for a toddler won’t work for a teenager who wants to spend Christmas Eve with friends or has a winter break job.

Questions to consider as you plan ahead:

• How often do you review your parenting plan?
• Are the exchange times still reasonable?
• Does your child need different arrangements as they get older?
• Can you simplify logistics now that everyone’s more comfortable co-parenting?

Many parents find they can be more flexible after following their court-ordered schedule for a while. You build trust, know what to expect, and can make informal swaps without worry.

Just document changes in writing, even friendly ones, to avoid confusion later.

Getting Help With Your Holiday Schedule

If you’re in the middle of a divorce or paternity case, addressing winter break now saves stress later. If you already have a parenting plan that isn’t working for the holidays, you can request a modification.

At Nest Law, we can help you negotiate with your co-parent, represent you in mediation, or advocate for you in court if needed.

Contact us today for a confidential consultation. Let’s get your holiday custody situation sorted out.

This blog post is for informational purposes only and should not be considered legal advice. For guidance regarding your specific situation, please consult with a qualified Florida family law attorney.