Magic City Law: 3 Tips On Halloween And Your Custody Case

Attention all jack-o-lanterns and ghouls!

Halloween with all its spooky glory is haunting our lives here at the office more often. Parents are often sacrificing holidays like Thanksgiving or Fourth of July in order to make sure they see their little ones all dressed up and on the hunt for sugar. Negotiating can come to a halt over this tricky holiday. Perhaps it’s trick or treating with their little one or choosing their costume. However, more often than not, parents fight over the major holidays and come to an Agreement. Then they realize that they neglected to even think about Halloween Festivities.

Suddenly, the as ghost appears, they’re having to call their lawyers in frantic panic. They forgot to fight over who gets to take the little one this year and that year. Even more horrifying, they are angry over how the other parent is allowing their little angel to dress like a devil/zombie/serial killer. All this time, they just wanted to dress their little pumpkin, as a pumpkin. A pumpkin is suitable for trunk or treating! Not a serial killer!

If it’s not in the agreement, then whoever’s weekend coincides with the spooky day gets that joy which can really upset the other parent missing out on all the fun.

With that being said, here are our Halloween Tips:

  1. Remember Halloween when you’re negotiating.

    People don’t think about Halloween as being a big family tradition until they realize they’re missing out on Little Seymour dressed as a killer Venus Fly Trap. Further. Children sometimes realize they’re going for visitation and all their plans end up ruined. “But MOM, we were going to go as the mean girls on Wednesdays! WE ARE ALL WEARING PINK! Without my girls, I’ll just look like Barbie!” The children’s feelings should be considered. Do they want to be around their main neighborhood during Halloween? Do they like handing out candy?

    Are they going to want to dress up with their other parent? “BUUUUUT DAD, MOM WAS GONNA BE BATMAN AND I WAS GONNA BE DA PENGUIN!!!” These things should be discussed before the child ends up looking like a fool because they planned a group costume, and now they’re the only one who can’t attend trick-or-treating. Instead they’re angry and targeting happy go lucky kids with skittles as they approach the door.

  1. Halloween isn’t often addressed in “standard visitation” nor is it usually addressed in standard agreements.

    Since it’s not a school holiday, and often times it is celebrated on a different night depending on where you live in order to allow kiddos to not miss school the next day, it could be hard to dictate when the actual holiday will fall. It’s just not given high priority in society because it can be seen as a frivolous celebration as opposed to Thanksgiving or Christmas. This doesn’t mean that you should just go with the norm. Why leave something out and let it haunt you at a later date? Go ahead and figure out if you’ll truly miss your kiddo during a holiday that screams with fun, then work it into negotiations.

  2. Even if you think Halloween won’t be a big deal, it might be better to carve out the details now instead of waiting for a problem to appear like an unwanted apparition.

    It might seem like your kid couldn’t care less about Halloween. That might be because he is only two months old and couldn’t chew those gum drops if he wanted to. What happens as the child ages and he starts obtaining interests of his own. Maybe this year he wants to go as Olaf, Thor, or Elsa. It’s best to figure it out now before you end up poisoning your ex’s candy to make sure you get to see little Timmy dressed as the ice queen.


Call us to help negotiate a good Halloween schedule for your little ghost or goblin!

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