Child Custody & Visitation Blog

It’s that time of year–summer is just around the corner, and people are making plans for vacations. This can be a difficult subject for divorced and separated parents, unless they have figured out vacation time in their parenting plan and custody agreement. Because all parents want to have fun with their children, here is how to handle vacation time in the parenting plan.

First, the mother and father need to decide how they will schedule the vacations. Some parents choose to have specified vacations–meaning that each parent has specific dates every year when they can take the children on vacation–while others choose to have unspecified vacations–meaning that each parent is allotted so much vacation time per year that they can take with advance notice to the other parent. Generally, to take an unspecified vacation, the parent must let the other parent know thirty days in advance. Both parents should have equal vacation time in the parenting time schedule. The parents should also decide if there is makeup visitation for the other parent when the children miss it because they are on vacation.

Once the parents have determined the vacation schedule, they should set some rules for vacation time. The mother and father need to discuss the acceptable areas to travel. Can the parents take the children out of state? How about out of the country? Does the parent planning the vacation have to get permission to take the child far away?

Parents can also choose to require each parent to give the other parent a travel itinerary before going on vacation–this can help the parents feel more comfortable with what is going on.

The plan should also include rules about acceptable activities to do with the children while on vacation. Are the children allowed to go skydiving? How about rock climbing? Parents can make a rule in the plan that the parent must discuss certain activities with the other parent before taking the children on them.

It is best to establish these rules right in the custody agreement so that the parents know exactly what to do. Then, a parent can head to the beach and relax with the children!

It’s the middle of summer…so if you haven’t already thought about your vacation, now is the time to do it.

There are a couple of ways to include vacation time with your child in your visitation schedule.  At the beginning of the year you can block out some actual dates where you get the children for vacation.  This is called a specified vacation–because you know the exact dates of when you will have the time.  However, if you don’t know the exact dates you want to go on vacation, you can also schedule an unspecified vacation.  Unspecified vacation is included in your parenting plan as a set number of days each parent can have the children for vacation.  For example, the unspecified vacation clause could read, “Each parent is allowed to take the children for up to 7 days, twice a year for vacation time.  The other parent must be given 30 days notice before the vacation is taken.”   So, you can guarantee that you get one or two weeks of vacation with your child. (note–Custody X Change lets you set up both kinds of vacation in the software)

Don’t forget about vacations when you’re setting up your child custody agreement.  Having this chunk of relaxation time with your child is important for both of you.  It allows you to have some fun with each other and take a break from the routine.  Vacations are also a way to even out the time-share percentage between the parents.

Photo via korycheer, courtesy of morguefile.com