Mother’s Day and Child Custody

Anna Jarvis invented the modern Mother’s Day that we celebrate in 1908 as a day to honor one’s mother.  Jarvis’ efforts resulted in it being named an official holiday by President Woodrow Wilson in 1914.  It has become one of the most highly commercialized holidays in the United States.

And now it is nearly always included in child custody orders honoring mom as a day that mom gets to enjoy with her child(ren) regardless of where the child(ren) normally lives.   Many child custody court orders will include language such as the following:

Mother’s Day (2nd Sunday in May)

Even if a period of Secondary Custody falls on or includes Mother’s Day, the children shall be returned by their father to the custody of their mother at 5:00 p.m., on the Saturday before Mother’s Day and the children shall remain in mother’s physical custody until they return to school on the Monday following Mother’s Day.

 So it is critical that child(ren) spend time with their mother on mother’s day unless prohibited by a court order.

There are very rare instances when a mother does not enjoy mother’s day with her child(ren).  Woe unto a father who prevents a mother from spending time with her children in violation of a court order which grants her Mother’s Day.  Most judges are likely to punish the father under these circumstances with contempt of court unless they have a compelling  justifiable reason for failing to comply with the custody order.

If you need help getting a child custody order which includes time set aside for Mother’s Day, give us a call.