How Does Summer Vacation Affect Child Custody and Visitation? – The Reape-Rickett Law Firm
School is out and summer has officially begun! For many parents summer break can pose a logistical and legal challenge of how to handle visitation while navigating all the plans you have for the children. Especially if you plan to enroll your children into a summer camp/program that extends into the other parent’s custodial time.
If you have a good relationship with the other parent, you can talk to them in advance to work out a schedule that addresses any potential scheduling conflicts, summer camp, extra-curriculars, vacations, etc. It’s important to note that when crafting your summer custody and visitation agreement that neither party can remove the children outside of California (even for vacation), without the written consent of the other parent, unless you have a judgment in your divorce or paternity case, or have expressed language stating you can. This can affect any interstate or international travel during the summer. Once both parents agree on a summer schedule, be sure to have it in writing, signed by both parties, and submitted to court to become a court order. This protects both parents by making the agreement recognized and enforceable by the court. Working together to resolve the summer schedule can help parents and their children reduce stress and conflict once summer hits.
However, if arguments and conflict arise whenever custody is mentioned, you may need to seek court intervention to establish a summer schedule. Without a specific holiday schedule that encompasses summer vacation, the existing custody orders must be followed. If a parent seeks to modify the existing order the court can make a different schedule for the summer. One example is a week-on, week-off schedule that isn’t dependent upon the regular school schedule and includes accommodations for travel or annual holidays.
As always, having an experienced family law attorney by your side can help you resolve your custody and visitation issues. The attorneys at The Reape-Rickett Law Firm can answer your questions, guide you through the process, and help you make the most of the summer break. Contact The Reape-Rickett Law Firm today at 888-846-6166 or visit www.DivorceDigest.com.
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