Blended Families

Reworking Christmas

eltar08eltar08 member
edited October 2013 in Blended Families
Backstory: CO says DH has SS6 every Christmas Eve till 9pm and BM 9pm Christmas Eve and Christmas Day - every year. DH agreed to this originally because he gave BM the house to be as minimally disruptive to his son as possible and he had to find his own place to live. He had indicated to BM that once he had his own place where he could celebrate the holiday, he would want to alternate the Christmas holiday.

Awhile ago. I asked this board how you handle the holidays and I really like the idea of splitting Christmas break - one parent gets him after school till December 26th or so and then the other parent gets him through New Years Day, alternating every year. However, BM has made it clear that she feels Christmas is "non-negotiable" and has no desire to alternate Christmas in anyway. Which is hard because that means every Christmas SS and DH, DD and I are going to be apart Christmas morning every year.

Ideally, we would like to open the CO back up and make some changes, but I was hoping to hear some recommendations of how to broach this with BM in the meantime, even if it's not formally decreed at this point. Has anyone had any experience with this? TIA!

-Edited for formatting-
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Re: Reworking Christmas

  • I honestly think there is nothing you can do until you go back for an adjusted CO because you already asked and she said no. I only have bio-kids with DH but if that was me I would honestly feel the same way as BM does. Not saying it is fair or to be spiteful but I would think I won the lottery that he agreed to that and I would not be willing to give it up just because he how has a new wife. I am not saying that is why DH wants it but how I would see it. And he screwed up, you say he indicated he wanted to change it eventually but he signed a legal document saying something to the contrary. Right now it looks like he was fine with it and changed his mind. If you have other reasons for a change in the CO you can ask for this, you might get what you want because it is pretty standard to switch but you also might not get it because there is a precedence. I do wish you luck, I totally understand why you want to change it.
    Jen - Mom to two December 12 babies Nathaniel 12/12/06 and Addison 12/12/08
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  • It sounds like BM isn't going to budge until she has to. My advice would be to go forward with xmas plans as usual this year and make sure the co is changed by next year. Splitting the break is very common so I think it's just a matter of getting it changed. Not worth the fight if you have no leg to stand on for now.
  • JessH1474 said:
    It sounds like BM isn't going to budge until she has to. My advice would be to go forward with xmas plans as usual this year and make sure the co is changed by next year. Splitting the break is very common so I think it's just a matter of getting it changed. Not worth the fight if you have no leg to stand on for now.
    All of this. Although, I'm not sure if wanting to change the Christmas holiday is enough of a reason to open up a CO for changes. You stated there were other things you guys wanted changed? What else? And what is the change in circumstance for changing the CO?
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  • Take this with a grain of salt because I honestly don't know...

    Can you go for mediation for just this one thing if there is no change in circumstances and nothing else you want to modify? Although, I still don't know what it would accomplish if she won't budge... But it might get her moving a bit.

    Otherwise, I don't know how old your DD is, but is it possible to just make it a family tradition to celebrate on Christmas Eve? Maybe get the kids out the house in the evening for something, and when they come back in, Santa made it to your house early! It's an awfully big world to get through in just one night, you know.

    Again, just some ideas. Not sure how practical either of them are.
  • I agree that it probably wasn't the best idea to sign the CO with the terms laid out as they were considering he didn't agree with them - he wanted to get out quick for SS's sake and now he has to live with what that choice meant.  The CO is incredibly vague - I wish he knew about this board prior to finalizing everything and was much more detailed in the decree. 

    Other things we would want to change include we have him every other Thurs evening to Monday morning.  We live 15 minutes away, so transitions are not a problem, and would really like to have 50/50 physical custody as well - we currently have joint custody when it comes to decisions impacting his welfare, but she really does what she wants anyway and doesn't give DH's decision any weight.  I think the most frustrating thing is BM has stated if we went to reopen the CO, she would go for sole custody, which I really can't see how she would have a leg to stand on to get any additional time.

    The frustrating thing is that any of this would likely be a mudslinging battle with a high price tag attached, and while I recognize that is the only way to really enforce it, I was curious if anyone had luck with any less standard approaches.  Thanks!
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  • It depends on your state. Some states are incredibly pro-mother, while others aim for 50/50. You need to start documenting when she makes decisions w/o consent of your DH, and have him send notice that it is not ok.
  • We have been documenting for years now and have a ton in writing.  I am not sure what CT is - I think pro-mother.
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  • How Lon has it been since the CO was signed? What are CTs rules for changing it and are there any major changes in circumstances?
    Jen - Mom to two December 12 babies Nathaniel 12/12/06 and Addison 12/12/08
  • It was signed almost 4 years ago.  I tried to do some research online and it would appear that only substantial changes warrant a modification (which I would think changing the visitation schedule would include).
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  • But what substantial changes have happened to get a judge to consider a change? When they say substantial changes they mean changes in your circumstances like you were working nights and now days or someone moved far. Even those might not be enough.
    Jen - Mom to two December 12 babies Nathaniel 12/12/06 and Addison 12/12/08
  • Well when the decree was signed, DH briefly moved back into his Mom's 30 minutes away and didn't have a mortgage or anything; we now live 15 minutes away and have had a mortgage the last 3 years.  I would think those would be substantial?
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  • Thankfully my step-son's mom and my ex-husband both celebrate Christmas with their families on Christmas Eve every year, so we get my son and my husband's son for Christmas Day every year. We trade who gets them that overnight, so every other year they wake up here or at their other parents' houses. The kids are no worse for the wear having two Christmases. Could you and your husband maybe start a tradition of celebrating on Christmas Eve if she won't budge? That way she's really taking nothing away from you if YOUR important day comes one day before. Luckily all our families (my ex's, my husband's ex's, my husband's, and mine) are all really nice about asking us which day we're celebrating Thanksgiving or Easter or any other big family holiday. We trade all other holidays every other year.
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  • Ex and I have always agreed on this only because his family has always celebrated on xmas eve and mine always on xmas day. However to be fair since xmas even is basically a partial day of celebration I let him keep her overnight and he brings her home first thing in the morning. This is the first year that he offered and I agreed that now that I have LO's that we will alternate her coming home xmas even night or xmas morning to be with her siblings. 

     

     

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  • Honestly moving 15 min and buying a house would not usually be considered substantial. I have heard people on here moving hours and it is not enough. I am not saying don't try but don't be suprised if they won't hear you. I am hoping the fact that it has been several years will help you. Good luck.
    Jen - Mom to two December 12 babies Nathaniel 12/12/06 and Addison 12/12/08
  • Nobody will care if your DH got a mortgage. That is his problem. You might try to argue that now that SS as started school you want a CO that works around a school schedule.
  • @SueBear, it's funny you say that because DH had chatted with a lawyer briefly and they had said that might be sufficient reason to open things back up.  Though it is sounding to me like pretty much we might be SOL because he signed something he shouldn't have and unless there is a risk to the child, that's the only way things would ever be opened up?
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  • Does DH now live in SS's town / school district (and MILs home was outside)?  That would make a difference, if he could prove that being with DH was not disruptive to SS schedule. 

    Is DD SS's 1/2 sibling, or step-sibling?  Spending more family time with a bio-sibling might make a difference.

    Also, now that SS has started school, if your previous schedule did not account for vacations, school calendar, extra-curriculars you might be able to reopen for that.

    If BM fights, it could still be expensive.  You need to decide if the $ is worth it, but I would say the longer you wait, the longer that "Christmas is always with mom" is the routine, and it will be less likely to be changed.

     

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  • Thanks, @Wahoo.  We live a town over and not in the same district, but when SS starts middle and high school, school will physically be closer to us than BM's house is (3 towns including SS's all go to the same middle and hs, but the town we live to currently does not go there).

    DD is SS's half sister and he definitely loves seeing her and spending time with her.

    The CO didn't account for Feb vacation or winter break around Christmas, only April vacation.  BM and DH came to an agreement outside of the CO in terms of how to alternate them - there is no mention of extra-curriculars at all in the current CO.

    The current CO says that BM has primary physical custody and both share custody in terms of decisions affecting SS's welfare (medical, school, etc.)  That's really it - the visitation was originally EOWE and Wednesday night for dinner, but BM right after everything was finalized agreed for us to change it to Thursday night through Monday morning EOWE.  The holiday schedule alternates everything annually except for Mother's Day, Father's Day (spent with the respective parent) and Christmas Eve is always with us till 9pm and then at BM's from then through Christmas Day.
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