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Parenting Time and Summer Vacations

Published on November 30th, 2021

Divorce Lawyer

For school-age children, summer is going to be the time that they most look forward to all year long. However, for many of the parents, the return of classes in the fall cannot come soon enough, due to the way the school systems are set up. Families are not used to having to handle their own children and much prefer to have their children in school. Oftentimes this is because childcare is harder to find during school breaks especially summer, because unlike children parents do not get long breaks from school.

However the struggles are even more extreme for co parenting parents, who must travel schedules, vacations, childcare and more all while sharing the custody of minor children. You are going to be addressing summer vacations and parenting time across households, and at the same time the like of a school schedule is going to leave a void where there was once a significant amount of structure for your child. Disputes are extremely common when parents have competing ideas of what the break is going to hold for the children.

So you most likely have an existing parenting plan that you created with your divorce lawyer, and at the outset you have to review his current order on file with the court. This is more or less a private law that applies to both parents in this circumstance, and usually this plan was created by the parents and upheld in court. When the divorce decree is entered it will include details and conservatorship and possession, this is also true for your parental rights stem from paternity proceedings. These terms are legal concepts you know familiarly as custody and visitation, which means that the court also considered holidays and school break.

If your current court order specifies a formula for determining the parenting time schedule it is binding and there can be consequences for violating it. Your court decree may also state outright how parenting time is split during vacations.

Your court case may have resulted in a judge entering a standard possession order which is presumed to be in the best interest of a child three years or older, this could have even been suggested by your divorce lawyer, such as the lawyers at Winfrey Law firm PLLC. This order allows parties to exercise parenting time whenever they can agree but the following terms must apply in the absence of an outright agreement, the noncustodial parent must get 30 days of possession during summer vacation, and when their households are more than 100 miles apart the noncustodial parent can exercise parenting time 42 days during summer break due to the great distance between homes.

Parenting time can be modified, even if a standard possession order is in effect. Parents have control and can create a plan that works for the summer and beyond as long as both parents agree to these modifications. 

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