Here’s a scenario that we see around this time each year:

School’s out for this year and now its summertime and vacations are happening. The non-custodial parent calls the custodial parent and wants the kids for two weeks to go on a vacation outside the country. Oh no, we didn’t consider anything about a vacation. He gets visitation only every other week. Should you allow the kids to go with him for two weeks?

Vacation time with the parents needs to be considered when you are writing a custody settlement agreement or when you are in court deciding custody. Again, it will be what is in the best interests of the child. Usually, a non-custodial parent can count on two weeks. The questions become is it consecutive or nonconsecutive two weeks. Can the parent go out of the country with the kids? What about out of the state? These questions should be considered when you are working out custody issues. However, they can be raised after the fact and negotiated post-divorce as well.

You can also consider the non-custodial parent having the children for a longer time in the summer — such as a month. If the non-custodial parent and the custodial parent haven’t had any problems trading the children back and forth, why not consider it? It will give the custodial parent a break and the kids can have some quality time with the non-custodial parent. It’s best for everyone involved to try and work out something. If the court must step in and rule, you may get more or less than you want. It is good for the kids to see their parents can get along and come up with a vacation plan for them.

If you need assistance re-negotiating child custody or any other aspect of your divorce, please don’t hesitate to contact us. We work in all areas of family law, including divorce, uncontested divorce, child support, child custody & visitation, equitable distribution, spousal support, and military divorce. We provide legal assistance to clients in Stafford, King George, Spotsylvania, and Prince William counties as well as the City of Fredericksburg. Call us today!