Montana Holiday Custody Schedule: How to Plan Holiday Parenting Time

The holiday schedule in a Montana parenting plan overrides the regular weekly residential schedule. If your regular rotation gives Parent A every Monday and Tuesday, but the holiday schedule gives Parent B the child on Thanksgiving Monday through Wednesday, the holiday schedule wins.

This is the section of the parenting plan most likely to cause arguments after the decree is signed — because parents who write vague holiday language spend every November and December fighting over exactly who has the child and when.

What the Court Requires

Under MCA § 40-4-234, every Montana parenting plan must include a holiday, vacation, and special occasions schedule. The court expects you to address:

• Major holidays: Thanksgiving, Christmas Eve, Christmas Day, New Year's Eve, New Year's Day, Easter, Memorial Day, Independence Day, Labor Day
• School breaks: Winter break (if different from Christmas), spring break, summer vacation
• Parent-specific days: Mother's Day, Father's Day
• Child-specific days: Each child's birthday
• Family occasions: Extended family reunions, cultural or religious celebrations

The Odd-Year/Even-Year Alternation

The most common pattern in Montana parenting plans is an odd-year/even-year alternation. Each parent gets the child for specific holidays in odd-numbered years and the opposite holidays in even-numbered years. For example:

Odd years (Parent A): Thanksgiving, Christmas Day, New Year's Eve, spring break
Even years (Parent A): Christmas Eve, New Year's Day, summer week 1–3

The next year, everything flips. This ensures both parents get each holiday over a two-year cycle.

Write Specific Times, Not Vague Descriptions

The most common mistake is writing something like "parents will share Christmas." This creates annual arguments about pickup times, drop-off locations, and what "share" means.

Instead, specify exact times:

"In even-numbered years, Child is with Parent A from December 23 at 5:00 PM through December 25 at 1:00 PM. Child is with Parent B from December 25 at 1:00 PM through December 27 at 5:00 PM."

Specify where transitions happen (school, Parent A's residence, a neutral location) and whether the holiday period includes or excludes the travel time to get there.

Summer Vacation

Summer requires its own detailed schedule because the regular school-year rotation does not apply. Common approaches:

• Alternating two-week blocks: Parent A gets the first two weeks of June, Parent B gets the next two, and so on
• One extended block per parent: Parent B gets four to six consecutive weeks, then the child returns to Parent A for the rest of summer
• Hybrid: The regular weekly rotation continues, but each parent gets one uninterrupted two-week vacation block (with 30 days' notice required)

The plan should also specify when the child returns to the school-year schedule — typically one week before school starts, so the child can settle back into their routine.

Birthdays and Parent-Specific Days

Child's birthday: Many plans give the birthday to the parent whose regular schedule includes that date, with the other parent getting a celebration on a nearby day. Alternatively, some plans always assign the birthday to one parent or alternate by year.

Mother's Day and Father's Day: These are typically assigned to the respective parent regardless of the regular rotation. If the regular schedule already gives the child to that parent on the relevant weekend, no override is needed — but write it into the plan anyway to avoid future disputes.

Right-of-First-Refusal During Holidays

If a parent is traveling or working during their holiday parenting time and cannot personally care for the child, the right-of-first-refusal clause requires them to offer the time to the other parent before using a babysitter or relative. Specify the time threshold (commonly 4–8 hours) that triggers this obligation.

Religious and Cultural Holidays

If your family observes holidays not on the standard list (Hanukkah, Eid, Diwali, Lunar New Year), include them explicitly. Courts honor cultural and religious schedules when they are written into the plan — but they cannot enforce unwritten expectations.

Draft a Holiday Schedule That Lasts

The Montana Child Custody & Parenting Plan Guide includes a holiday rotation planner with pre-written language for every major holiday, summer vacation arrangements, and birthday clauses — so your holiday schedule is specific enough to prevent disputes and flexible enough to work for years.

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