Maryland has no default holiday custody schedule. Holiday time is set by the parents’ parenting plan or by the judge, and when a court order includes holiday terms, those terms override the regular weekly schedule. The most common approaches alternate holidays by year, split the day, or divide winter break in half.
With Thanksgiving and winter break approaching, now is the time to read your order closely. Most holiday conflicts happen because the order is vague, not because a parent is acting in bad faith. A few minutes with your paperwork in November can prevent a stressful call on December 24.
Where Holiday Rules Come From
Every Maryland custody case involving a minor child requires a parenting plan or, when parents cannot agree, a joint statement covering parenting time and holidays. The Maryland Judiciary’s parenting plan tool includes a dedicated holiday section, and judges deciding contested cases apply the same 16 best interest factors in Family Law § 9-201 that govern the rest of custody. Our guide to building a parenting plan that works in Maryland covers the full plan. This article focuses on the holiday section, where most disputes start.
Common Ways Maryland Parents Split the Holidays
| Approach | How It Works | Works Well When |
|---|---|---|
| Alternating years | Parent A has Thanksgiving in even years and Parent B in odd years, with the opposite pattern for Christmas. | Parents live far apart or travel to extended family. |
| Split day | One parent has the morning, the other has the afternoon and evening, with a set exchange time. | Parents live close together and children are young. |
| Fixed holidays | Each parent keeps the same holiday every year, such as one parent always having Christmas Eve. | Families with different religious or cultural traditions. |
| Divided winter break | Winter break is split at a midpoint, often with Christmas Eve and Christmas Day treated as a separate rotation. | School-age children with a two-week break. |
| Holiday follows the weekend | Monday holidays attach to whichever parent has that weekend. | Minor holidays such as Martin Luther King Jr. Day or Presidents Day. |
Details to Check in Your Order Before Thanksgiving
- Start and end times. Does Thanksgiving mean Thursday only, or Wednesday after school through Sunday evening?
- Which year is which? “Alternating years” needs a starting point. Confirm whether you have the holiday in 2026.
- Winter break definition. Is the break tied to the school calendar, and which school system if the children attend different schools?
- Exchanges. Who drives, and where does the exchange happen on a holiday when schools are closed?
- Travel. Does the order require notice or an itinerary before taking the children out of state?
- Priority language. Most orders say holiday time overrides the regular schedule. If yours does not say so, that gap is worth fixing.
Tips for a Calmer Holiday Season
Confirm the plan in writing a few weeks ahead, using a co-parenting app or email. Keep messages short and focused on logistics. Be on time for exchanges, and pack what the children need. If the other parent asks to swap days, you can agree, but put the swap in writing and be clear that it does not change the order going forward.
Children notice tension at handoffs, so keep exchanges brief and positive. Our article on co-parenting tips for parents who share custody has more ideas for keeping the focus on the kids.
When a Co-Parent Will Not Follow the Holiday Schedule
If the other parent keeps the children past the end of their holiday time or refuses an exchange, stay calm, document what happened, and avoid confrontation in front of the children. When the order is clear, the circuit court can enforce it.
Under Maryland Family Law § 9-105, a judge who finds that a parent unjustifiably denied court-ordered time can order make-up time, add terms to the order, and require the other parent to pay costs and fees. Our page on enforcing a custody order in Maryland explains each remedy. If a child is in danger, an emergency custody request may be appropriate.
If you do not have a custody order, there is nothing for the court to enforce yet. Filing for custody, with a holiday schedule in your proposed parenting plan, is the way to protect future holidays.
Fixing a Holiday Schedule That No Longer Works
Children grow, parents move, and family traditions change. If your holiday schedule no longer fits, you and your co-parent can agree on new terms and submit a consent order. If you cannot agree, modifying the custody order requires showing a material change in circumstances and that the change serves the child’s best interests. Holiday disputes that repeat every year are a common reason parents return to court.
Frequently Asked Questions
Does Maryland have a standard holiday custody schedule?
No. Maryland law does not set a default holiday schedule. Parents decide holidays through their parenting plan or the judge, based on the child’s best interests.
Do holidays override the regular custody schedule in Maryland?
Usually, yes, when the order says so. Most Maryland parenting plans state that holiday time takes priority over the regular weekly schedule. Check your order for that language.
What happens if my ex keeps the kids past their holiday time?
Document the dates and communications. If the order is clear, you can ask the circuit court to enforce it, and the court can order make-up time, add terms, and assess costs and fees.
Can we change the holiday schedule without going to court?
Parents can agree to swap days informally, but those swaps are not enforceable. A lasting change should be written into a consent order approved by the court.
How is winter break usually divided?
Many Maryland parents split winter break at a midpoint and treat Christmas Eve and Christmas Day as a separate rotation that alternates each year.
Talk With an Annapolis Custody Lawyer Before the Holidays
If your order is unclear, the other parent isn’t following it, or you need a holiday schedule for the first time, Patrick Crawford can review your situation and explain your options. To discuss your case, call the Law Office of Patrick Crawford at (410) 216-7905 or reach out online.
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Patrick Crawford is an Annapolis Divorce Lawyer dedicated to helping you through the most complex and emotional family law matters. During his career, Patrick has successfully represented countless people in divorce, child custody, child support, domestic violence, and other family law cases of diverse complexity.
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