Veterans Day and Juneteenth – Dividing the Holidays
by Adam Schneid
Holidays such as Juneteenth and Veterans Day float and do not fall on the same day of the week each year. Which parent gets the holiday depends on the wording of the custody agreement or parenting plan. In New York, most custody agreements divide holidays, school breaks, and non-school days separately from the regular weekly parenting schedule. When there is a conflict between the normal parenting schedule and a holiday schedule, the holiday schedule usually controls.
Juneteenth and Veterans Day May Be Covered Even If It Is Not Specifically Named
Some older custody agreements do not mention Juneteenth by name. That does not always mean the holiday is ignored. The agreement may include broader language covering:
- all federal holidays;
- all New York State holidays;
- all school holidays;
- all days when the children do not have school;
- all legal holidays; or
- all three-day weekends.
If the agreement uses broad language like this, Juneteenth may be included even if the agreement was drafted before Juneteenth became a celebrated holiday.
If the agreement only lists specific holidays and does not mention Juneteenth, then the regular parenting schedule may apply unless the parents agree otherwise or the agreement contains another provision that covers the day. For an older agreement, parents may choose to go to court to have the holiday alternated since the creation of the holiday is a substantial change of circumstances.
Alternating Holidays by Even and Odd Years
One common way to divide holidays is to alternate them each year. Under this type of schedule, one parent has a holiday in even-numbered calendar years and the other parent has it in odd-numbered calendar years.
For example, an agreement may say: The mother shall have access on Juneteenth in even numbered years and the Father shall have access in odd numbered years.
It is important that the Agreement not only identify which parent has access for the holiday but that the Agreement defines when the access period starts and ends. For example, the agreement may include language defining Juneteenth as commencing at 9:00 am on the day that the holiday is celebrated and terminating the following morning at 9:00 am or other similarly clear language.
Monday Holidays Are Often Treated Differently
Many parenting agreements handle Monday holidays differently than fixed-date holidays.
For Monday holidays such as Martin Luther King Jr. Day, Memorial Day, and Labor Day, many agreements provide that the parent who has the children for the weekend also keeps the children through the Monday holiday. This avoids an extra exchange and gives that parent the full long weekend. For example, if a parent has the children from Friday after school through Monday evening on Memorial Day weekend, that same parent would keep the children for the Monday holiday.
There are pros and cons to alternating the holiday with the weekend. The benefit of such an agreement is that it allows parents to keep the regular weekend rotation without one parent having the children three weekends in a row. At the same time, one parent may have more than half of the Monday holidays in a given year or over a several year period. Over time, this will likely even out, but one parent may feel it unfair over a given year.
Juneteenth and Veterans Day are different because the holidays do not fall on the same day of the week each year. For that reason, the "Monday holiday follows the weekend" rule may not answer the question unless the agreement specifically treats Juneteenth as part of a long weekend or non-school day schedule.
What If Juneteenth and Veterans Day Fall on a Weekend?
When Juneteenth and Veterans Day Fall on a weekend, the agreement can provide that the weekend include the associated Friday or Monday in which the holiday is celebrated. This is consistent with the way many Monday holidays are treated.
For parents that have an equal amount of time, they may choose not to address either Juneteenth or Veterans Day as these holidays will float from year to year and eventually the parties will have the holidays an even amount of time. When the access schedules are not fully even, parents my choose to alternate the holiday yearly to ensure the holidays are equally divided.
At other times, one parent may feel strongly about the holiday. If only one parent celebrates the holiday, they may get the holiday every year in exchange for a different holiday.
What If Juneteenth Falls During Summer Vacation?
Juneteenth often occurs near the end of the school year or during summer parenting time. This is particularly the case for private schools that end earlier than public schools. This can create another layer of confusion.
Some agreements provide that holiday parenting time takes priority over vacation time. Others provide that summer vacation time takes priority over individual holidays unless the agreement says otherwise. If the agreement does not clearly state which provision controls, parents may disagree about whether Juneteenth interrupts a summer vacation period.
A well-drafted agreement should identify the order of priority among:
- holidays;
- school breaks;
- summer vacation;
- regular weekly parenting time; and
- special events.
Without that priority language, parents may have different interpretations of the same schedule.
Practical Tips for Parents
Parents should review their custody agreement before the holiday and focus on the exact wording. Important questions include:
- Does the agreement specifically mention Juneteenth?
- Does it include all federal or state holidays?
- Does it cover non-school days?
- Are holidays alternated by even and odd years?
- Does the holiday schedule override the regular schedule?
- What time does the holiday begin and end?
- Does summer vacation override holidays, or do holidays override summer vacation?
- Is there a different rule for Monday holidays and long weekends?
Answering these questions in advance can help avoid last-minute disputes.
The Bottom Line
Which parent gets Juneteenth and Veterans Day depends on the custody agreement. Some agreements alternate all holidays by even and odd years. Others attach Monday holidays to the parent's weekend. Some agreements cover all school holidays. Other agreements intentionally do not alternate Juneteenth and Veterans Day. The specific wording of the agreement controls.
For parents negotiating a new custody agreement, Juneteenth and Veterans should be thought about and the parents should decide how to treat the holiday. Clear language now can prevent disputes later.
For more on how New York custody agreements typically handle standard Monday holidays and weekend overlaps, see How to Handle the Holidays During Divorce: Attorney-Approved Tips. Parents weighing a shift toward more equally divided time overall may also want to read NY's Equal Rights Amendment and Movement Towards 50/50 Custody.
Most & Schneid, P.C. assists parents with custody agreements, parenting schedules, holiday disputes, and modifications of existing parenting plans.
This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship. Every custody matter is fact-specific, and parents should consult with an attorney regarding their particular circumstances.