Summer break brings longer days, school-free schedules, and a different pace of family life. But for co-parents, it can also bring up custody and visitation challenges, given the less structured summertime pace. Can you modify your custody agreement just for the summer? And what happens if your co-parent isn’t cooperating?
The good news is that you can modify your arrangements informally, if both of you are on the same page. But an informal agreement can’t be enforced, which can be especially problematic if your co-parent isn’t on the same page.
Why Do Parents Request Summer Changes?
Life doesn’t slow down just because school ends. In fact, summer often adds a whole new layer of coordination challenges for parents, particularly when they are no longer together.
For co-parents, one may have a big summer vacation planned that may overlap with the regular schedule. One parent may have time off during the summer and want to spend it with the kids, while the other is looking at sleepaway camps. For long-distance parents, summer may be the only opportunity they get to enjoy extended parenting time without interrupting school schedules.
Sometimes summer is about practicalities that don’t factor into the school year, like managing summer childcare when there is no school structure. For other families, adjusting the summer schedule is simply a way to rebalance parenting time more fairly when the school year has been more rigid.
Whatever the reason, summer tends to offer more flexibility if parents can agree and plan ahead.
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Begin at the Beginning: Start by Re-Reading Your Custody Agreement
Before making those big summer plans, take a moment to dust off your current custody agreement.
Many parenting plans already include a specific section dedicated to summer breaks. This might mean alternating weeks, extended visits for the noncustodial parent, or already predetermined vacation windows for each parent. If your agreement already has a summer schedule, you’re expected to follow that unless both parents agree to something different. Conversely, if your agreement is vague about summer or doesn’t mention it at all, this will be a good time to think ahead and get something more specific in place.
When Both Parents Agree
If you and your co-parent can come to an agreement about summer plans, you’re already ahead of the game. The important thing is to get it in writing. Even if you have a great co-parenting relationship, misunderstandings happen. A clear, written plan helps keep everyone on the same page. Make sure to include things like dates, travel plans, who is handling pickups and drop-offs, and how the kids will stay in touch with the other parent during extended visits.
It’s important to keep in mind that while agreeing with a change of plans in writing is essential, it is not enforceable unless the court approves it. Submitting a Consent Order turns your agreed-upon summer plan into something that is both legally recognized and enforceable. It’s a simple step that can prevent confusion and conflict later on.
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When Parents Don’t Agree
If one parent wants to make a summer change and the other doesn’t, the court will have to get involved. Courts typically require proof of a material change in circumstances to consider changing custody agreements, but judges understand that summer schedules and changes in plans require more flexibility.
When making these decisions, the court will look at whether the proposed change is in the child’s best interest. That might mean evaluating the child’s need for stability, how the new plan impacts both parents’ involvement, and whether it helps or hinders the child’s development or relationships. Bottom line – it’s not about what the parents want but what is best for the child.
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Can the Court Say No?
The court can say no, which is something to keep in mind. A judge isn’t likely to approve a summer change that is disruptive to the child or cuts the other parent out completely. If the proposed plan is vague, last-minute, or seems more about the parent’s convenience than the child’s well-being, it may not fly.
The best way to avoid a denied request is to make sure your plan is well thought out and focuses on what’s best for your child. You should be ready to explain how it benefits them, while keeping their summer stable and enriching. If the other parent tries to block what seems like a reasonable and enjoyable request, the court will take this into consideration.
Tips for Smooth Summer Planning
When adjusting parenting plans for the summer, planning ahead can make all the difference. Start the conversation early, ideally well before school lets out. When working out a schedule, try to think through all the logistics and make sure you have a clear, realistic plan considering all the factors.
Write it all down, even if you trust each other completely. A written plan helps avoid last-minute confusion or miscommunication. This is a perfect time to consider using a shared calendar or parenting app to track all the details. And don’t forget how your child will keep in touch with the other parent while you are gone.
Most importantly, keep the focus where it belongs – on your child. Their happiness, comfort, and stability should guide every decision you make.
When to Get Legal Help
Summer break should be a time for fun for your kids, not conflict. If things are getting tense or you’re not sure about your rights, it may be a good time to consult a family law attorney.
Whether you need help understanding the terms of your custody agreement or want to file a Motion to Amend with the court, taking care of this now can mean a smoother, more enjoyable summer for everyone. The family law team at Melone Hatley, P.C. is here to walk you through it. Call us toll-free at (800) 479 – 8124 or schedule a free consultation with one of our Client Services Coordinators through our online contact page. Get your summer off to a good start by knowing your rights.
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