Cindy Allen & Associates PLLC

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Parenting time difficulties at Halloween

As family law attorneys, we realize that Halloween is more than a month away, but for divorced and separated parents, it is best to think about what parenting time will be like on a child’s second favorite night of the year (Christmas Eve likely is the best). Essentially, parents who are sharing custody must be on the same page when it comes to parenting time during Halloween.

For some parents, it may be fairly easy to determine who will take the child trick-or-treating. It may also be as simple as designating an afternoon for a Halloween party in one parent’s neighborhood (or with their family) while trick-or-treating on Halloween night may be done in the other parent’s neighborhood. 

However, there may be other instances where a compromise may be significantly more difficult to reach. Some parents may be opposed to children participating in these festivities because of religious reasons. They may go so far as to obtain a court order to enforce their religious beliefs.

Nevertheless, obtaining injunctive relief is not as easy as it seems. A parent seeking such relief may have to prove that a child is in immediate danger of harm. Also, courts are not always willing to delve into the issue of religious freedoms when one parent complains that his or her religion is not being respected by allowing a child to participate in what is largely a secular event.

In the meantime, if you have questions about how to resolve parenting time issues, an experienced family law attorney can help. 

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