Dealing with Extended Visitation During or After your Divorce and Custody Litigation

With the turning weather of Spring and Summer comes thoughts of vacation not only for yourself but your family.  Here are some consideration:

  1. A carefully drafted Custody Agreement or Custody Judgment is key and will prevent future disagreements and litigation.  It should detail specifically how Spring Break visitation will be allocated, as well as the longer vacations of summer.  What do you do if you do not have Custody Agreement or Judgment in place?    You will want to make your wishes known early so that you do not run into issues in the future, and that will provide ample time for not only settlement but the ability to bring a motion in court if you need to litigate the issue.

  2. While there are some standard allocations of visitation for spring and summer breaks, it can also be determined largely on familial traditions, work obligations, school schedules and other personal preferences.  For example, if you have been participating in a family vacation with extended family every year for the past twenty years (and the past eight years with your children) and it falls over the children’s spring break, it is perfectly reasonable to request that time.   If you are looking to get the entire Spring Break every year, you might want offer extra days to the other parent over winter break or summer break to make up for that time.

  3. Summer is different from other school breaks in that it allows for the greatest amount of time to be spent with children. In the summer, most parents, custodial or non-custodial, get an allocated amount of consecutive days so that they may choose to go on a vacation with their children. Some families will allocate 21 days to each, allocating two vacations of fourteen days and seven days, with each vacation not to be taken consecutively.

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