Thanksgiving is supposed to be about family, traditions, and spending time with the people you love. But what happens when your ex suddenly announces that the children won’t be spending the holiday with you, even though it’s your scheduled time?
Maybe you’ve already made plans, invited relatives, or arranged travel. More importantly, your children are expecting to spend Thanksgiving with you.
If your ex is refusing to honor your Thanksgiving time-sharing, you may have legal options under Florida law. What you can do depends largely on whether you have a court-ordered parenting plan.
Does Your Parenting Plan Give You Thanksgiving?
Many Florida parenting plans include specific holiday schedules, often alternating Thanksgiving between parents each year.
If your court-ordered parenting plan gives you Thanksgiving this year, your ex generally cannot simply decide to change the arrangement.
Whether your ex has made other plans, wants to travel, or believes the children would rather spend the holiday elsewhere, a court-ordered parenting plan is not optional.
Both parents must follow its terms unless the court modifies the order or the parents agree to a change permitted under the plan.
What if Your Ex Refuses to Follow the Parenting Plan?
Imagine receiving a text just days before Thanksgiving:
“I’m keeping the kids this year. We’re going out of town. You can have them another weekend.”
If your parenting plan gives you Thanksgiving, that refusal may violate a court order.
Under Florida Statutes § 61.13, courts have several remedies when a parent improperly denies court-ordered time-sharing, including:
- Make-up time-sharing to compensate for missed parenting time.
- Attorney’s fees and court costs in appropriate circumstances.
- Additional enforcement measures, including contempt proceedings when legally justified.
Make-up time-sharing is generally required when the court finds an improper denial without proper cause, as long as the arrangement is consistent with the child’s best interests. Other remedies depend on the circumstances.
The key point is that your ex doesn’t automatically get the final say just because they refuse to cooperate.
Can You Get an Emergency Court Order Before Thanksgiving?
When Thanksgiving is just days away, waiting weeks for a hearing may seem pointless.
Parents often ask whether they can request an emergency hearing to enforce holiday time-sharing.
While expedited relief may be available in certain circumstances, not every violation of a parenting plan qualifies as a legal emergency. Emergency relief generally requires more than a disagreement over a holiday schedule.
An experienced Florida family law attorney can evaluate whether expedited enforcement or another legal remedy is appropriate.
If you believe your ex intends to withhold your children, don’t wait until Thanksgiving morning to seek advice.
What if You Don’t Have a Court-Ordered Parenting Plan?
Perhaps you and your ex recently separated and have been informally sharing time with the children. Or maybe you’ve followed the same holiday arrangement for years without putting it into a court order.
Without an enforceable parenting plan, resolving a disagreement can be more complicated.
Your rights may depend on whether you’re married, whether legal paternity has been established, and whether other court orders are in place.
An informal agreement isn’t necessarily enforceable like a court order. Establishing a formal parenting plan can help prevent future disagreements and provide a clearer path to enforcement.
What Should You Do if Your Ex Is Withholding Thanksgiving Time-Sharing?
When emotions run high, respond strategically rather than react out of frustration.
Review your parenting plan.
Confirm the holiday schedule, exchange times, and any travel provisions.
Communicate in writing.
Calmly refer to the court order and explain that you expect the agreed-upon schedule to be followed.
Save your communications.
Keep texts, emails, and other evidence showing your attempts to exercise time-sharing.
Don’t retaliate.
Withholding the children during your ex’s next scheduled visit could create additional legal problems.
Speak with a family law attorney.
An attorney can assess whether enforcement action is appropriate and help you protect your rights.
What if Your Child Doesn’t Want to Come
Your ex may claim that your child would rather spend Thanksgiving with them.
While Florida courts may consider a child’s reasonable preferences when evaluating their best interests, a child’s preference does not automatically override an existing parenting plan.
If your child is resisting time-sharing, address the reasons appropriately rather than letting the holiday become a confrontation between parents.
Protecting Your Time With Your Children Matters
A missed Thanksgiving can be heartbreaking, especially when it becomes part of a pattern of last-minute cancellations, refused exchanges, or interference with your relationship with your children.
You shouldn’t have to fight every holiday to exercise your court-ordered parenting time.
At Hoffman, Larin & Agnetti, P.A., our family law attorneys understand how emotionally difficult custody and time-sharing disputes can be. For more than 40 years, we’ve helped South Florida families navigate complex family law matters, combining compassionate guidance with aggressive advocacy when necessary.
Frequently Asked Questions About Thanksgiving Time-Sharing in Florida
1. Can my ex legally keep my children on Thanksgiving if it’s my scheduled holiday?
Generally, no. If a court-ordered parenting plan gives you Thanksgiving time-sharing, the other parent must follow it unless there is a legally sufficient reason or an authorized change to the arrangement.
2. Can I call the police if my ex refuses to return my children?
You can contact law enforcement, but police may not be able to resolve a civil time-sharing dispute without an appropriate enforceable order. If your children are in immediate danger, contact law enforcement right away. Otherwise, an attorney can help determine the proper enforcement procedure.
3. Can I get an emergency custody hearing before Thanksgiving?
Possibly, but a missed holiday alone does not automatically qualify as an emergency. Courts generally reserve emergency relief for serious, immediate concerns. An attorney can assess whether expedited relief is appropriate.
4. What if my ex says the children don’t want to spend Thanksgiving with me?
A child’s preference does not automatically override a court-ordered parenting plan. Florida courts may consider a child’s reasonable preferences based on maturity and other factors, but existing orders generally remain enforceable unless modified.
5. Can I get make-up parenting time if I miss Thanksgiving?
Yes. Under Florida Statutes § 61.13, when a court finds that time-sharing was improperly denied without proper cause, it must award appropriate make-up time-sharing consistent with the child’s best interests. The court may also impose other remedies.
If your ex refuses to honor your Thanksgiving time-sharing or repeatedly violates your parenting plan, contact Hoffman, Larin & Agnetti, P.A. to speak directly with an experienced Florida family law attorney. Let us put our 40+ years of Family Law experience to Work for you!
Call 305-653-5555. Text 305-653-1515. Email us at [email protected]
or complete the form at the top of this page, and one of our Family Law Attorneys will call you.
At Hoffman, Larin & Agnetti, P.A., you will always speak with the attorney who will represent you before retaining our firm.
Not a salesperson or Ai agent.
This article provides general information about Florida law and is not intended as legal advice. The legality of tracking and the availability of legal remedies depend on the particular facts of each case.
