Summertime Custody Disputes
Posted on Aug 10, 2012 1:50pm PDT
In the summertime, custody can get confusing. During the school year, your children are probably on a set schedule because they must be at school Monday through Friday. Yet in the summer, vacations, play dates, and the freedom of no schedule can make it so that your child’s schedule is more flexible. In some divorce proceedings, a judge will award summer break custody to one parent. Other times, parents have to share this time with their kids. The lack of routine in these summer months can create utter chaos if parents don’t agree to stick to their normal schedule. One parent may want to take their child on a long summer vacation, while another parent may think that this is infringing on his or her rights to custody.
If you are currently in a summer custody battle, then you may want to consider planning a vacation schedule. You could meet with your former spouse and discuss vacations. Come to a happy medium that is agreeable for both you and your spouse, and still allows both of you the amount of time you are legally permitted with your child. By having a schedule employed, you will be able to keep track of what is going on, and make sure that you aren’t being cheated out of time that you legally deserve. Once you have come up with a vacation schedule, stick to it. It’s not worth it to have a vacation schedule that you can’t abide by. This will only cause more tension and difficulty.
As well, when deciding your summer schedule with your ex-spouse, use open communication. Don’t assume that they will figure things out on their own. You will want to stay open or else your former-spouse might even take legal action against you. If you are fringing on their rights, then they have permission to do this. The courts will ask you for a detailed explanation as to why you didn’t let your spouse know about the summer plans earlier, and may force you to divulge your plans for safety. Too many parents try to kidnap their children by using “vacation” as an excuse.
If you and your spouse split on bad terms and still struggle with communication, then consider hiring a mediator to help you through your debate. There are times that you may want to have this third-party non-partial representative there to give you suggestions on how to work things out for the mutual benefit of you and your spouse. Often it’s worth the added expense, because it will save you legal fees in the long run. A mediator can keep your dispute from ending up in the courts.
If you don’t think that you can settle your summer dispute without the help of a judge, then maybe a court date is in order. This is especially true if you are certain that your rights are being tampered with. In your divorce agreement, a judge probably ruled about the amount of vacation time you are allocated and the amount of notice that you and your spouse must give each other before you can take the children on vacation.
If your ex-husband or ex-wife isn’t adhering to those standards, then you can take that to the courts. Sometimes your divorce agreement may also limit the scope of your travels, especially if the children are younger. If you want to take your children somewhere and your spouse is being difficult, a family court may be able to help you. You could present your issue before a judge and get a ruling that your make your vacation legally permissible. Talk to a family law attorney if you need help planning summer vacations with your kids while still abiding by your child custody rules.
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