Fall Break and Holiday Custody in Michigan

Generally, Michigan courts encourage shared custody during school breaks and holidays so children can maintain a relationship with both parents. However, these arrangements are typically governed by a court-approved parenting plan or custody order that outlines how holidays and breaks—like Thanksgiving, Christmas, and fall break—are scheduled.

The parenting plan may alternate holidays each year, split the actual day, or assign specific days or breaks to each parent. For example, one parent may have the kids for Thanksgiving on even-numbered years, and the other on odd-numbered years. It could also include detailed provisions for fall break, depending on the school district’s calendar.

Problems arise when one parent wants to challenge or modify the holiday plan, or when new circumstances—like recent criminal charges—make the existing arrangement potentially unsafe or subject to legal review.

Domestic Violence Charges and Their Impact

In Michigan, domestic violence is a criminal charge that involves harm or threats of harm against a current or former spouse, dating partner, cohabitant, or someone with whom the accused shares a child. A first offense is typically a misdemeanor, but repeat offenses or aggravated circumstances can result in felony charges.

Even if the charges are still pending and a conviction hasn’t been made, Michigan family courts can factor in the accusation when determining whether the accused parent should retain custody or parenting time. If convicted, the parent may face jail time, probation, and court-mandated counseling—all of which can interfere with parenting time.

The overriding concern in any custody matter is the best interests of the child. If a judge believes domestic violence compromises safety, he or she may restrict the accused parent’s access to their children during holidays—or even eliminate overnight visits. Supervised visitation is also a common remedy while the charges are active or unresolved.

The Michigan "Best Interests of the Child" Factors

Michigan courts are required to evaluate child custody arrangements based on the “best interests of the child” standard, which consists of 12 factors listed under MCL 722.23. Domestic violence is specifically addressed under this list. Here are the most relevant ones when it comes to domestic violence charges:

• Factor (j): “The willingness and ability of each of the parties involved to facilitate and encourage a close and continuing parent-child relationship...”
• Factor (k): “Domestic violence, regardless of whether the violence was directed against or witnessed by the child.”
• Factor (e): “The permanence, as a family unit, of the existing or proposed custodial home or homes.”
• Factor (h): “The home, school, and community record of the child.”

If a domestic violence incident was committed in front of the child, it weighs heavily against the accused parent. Even if it wasn’t directed at the child, the mere exposure to violence can be considered harmful and result in limited parenting time, especially over holidays when extended stays are common.

Can Domestic Violence Lead to a Modification of Holiday Custody?

Absolutely. If a parent is arrested or charged with domestic violence, the other parent can file a motion to modify custody or holiday parenting time. Under Michigan law, changes to custody or parenting time require a showing of “proper cause” or a “change in circumstances.” Being charged with or convicted of domestic violence typically qualifies.

When the court examines that motion, it will again apply the best interests standard. This means the judge has full discretion to suspend parenting time, order supervised visitation, or change the previously planned holiday schedule. Michigan courts act quickly when children’s safety is at stake, especially during periods like fall break or extended holiday seasons where school isn’t in session and children are at home more often.

Keep in mind that even if charges haven't resulted in a conviction, family courts operate under a different burden of proof than criminal courts. So, even a credible allegation can prompt temporary or interim custody changes until the case is resolved.

What About a PPO (Personal Protection Order)?

If a domestic violence charge is accompanied by a Personal Protection Order (PPO), the implications for child custody are immediate. Most PPOs include provisions that prevent the accused from contacting the alleged victim, and sometimes the children as well. This restriction can nullify any scheduled holiday parenting time.

Violating a PPO is a separate crime in Michigan and can severely impact a parent’s chances of retaining or regaining custody. If you're subject to a PPO and you believe it unfairly interferes with your custody rights, it’s critical to challenge it through the appropriate legal channels. Do not attempt to contact your ex or children in violation of a PPO, even over holidays.

False Domestic Violence Allegations and Custody Around Holidays

Unfortunately, some custody disputes escalate around holidays, and it’s not unheard of for one parent to falsely accuse the other of domestic violence to gain leverage. If this has happened to you, time is of the essence.

You must act quickly to obtain legal representation and defend yourself not only in the criminal court but potentially in family court as well. If the allegation leads to a change in parenting time for the holidays or an emergency custody order, fighting the charge and disproving the claim can help restore your original custody terms.

Judges take false allegations seriously and, if proven, it could backfire on the accusing parent. Michigan courts may penalize the accusing party by modifying future visitation rights or even changing primary custody.

What Steps You Can Take Right Now

If you’re facing a domestic violence charge and you have a scheduled parenting time during the holidays or fall break, here are the steps you need to take immediately:

1. Hire a Criminal Defense Attorney: Your first call should be to an experienced criminal lawyer who understands both criminal defense and its potential impact on family law. Call Aaron J. Boria at (734) 453-7806 for a free consultation.
2. Follow Your Custody Order: Unless the court has modified it, do not violate your existing parenting plan. Doing so could be used against you.
3. Do Not Contact the Alleged Victim: Whether or not a PPO is in place, unsolicited contact can worsen your position in both courts.
4. Gather Evidence: Collect text messages, emails, witness testimony, and anything else that can help your defense.
5. Prepare for a Family Court Hearing: If your ex files for a modification ahead of Thanksgiving, Christmas, or another school break, your lawyer must be prepared to respond quickly.

What We’ve Seen in Michigan Courts

Over the years, we’ve defended numerous clients throughout Michigan who found themselves in this exact scenario—facing a holiday custody dilemma because of a domestic violence charge. In some cases, we’ve been able to prove that the allegations were unfounded and retain our client’s scheduled parenting time, including Christmas morning or Thanksgiving dinner. In others, where there was a weak spot in the evidence, we were able to negotiate supervised visits that allowed our client to still spend time with their children.

What's important to understand is that each case has unique facts that will influence the outcome. A cookie-cutter approach won’t work, and that's why we tailor your defense to your situation, your parenting schedule, and your goals.

Conclusion

Fall break and the holidays are supposed to be a time when families and children come together. Unfortunately, pending domestic violence charges can complicate or even ruin your scheduled parenting time. In Michigan, child custody decisions are always made in the best interests of the child, and that means allegations of violence are never taken lightly.

If you’ve been charged with domestic violence and you’re concerned about how it might affect your holiday parenting schedule, don’t wait until the court changes your order. Reach out to an experienced criminal defense attorney who understands how these charges play out in both criminal and family court.

Criminal defense lawyer, Aaron J. Boria, has successfully defended clients accused of domestic violence and helped preserve their rights as parents. Call (734) 453-7806 today for a free consultation.

If you're looking for help with child custody issues related to criminal charges in Michigan, don’t hesitate to contact us. We’re here to fight for you and your family.

Your parenting time matters—and we’ll help you protect it.