Our Arizona Family lawyers discuss some of the most asked questions that parents are having regarding child custody in Arizona and summer break for their children.
Summer is just around the corner, and if you’re co-parenting with your ex, you may have some questions about how this could affect your parenting plan. Read on to learn the answers to the questions our Arizona custody lawyers are asked the most, and schedule a free consultation if you have additional questions.
Spending more time with your child during summer vacation may actually be a more plausible way for you to have a meaningful relationship with your child. Split time parenting plans, and even every other weekend can be burdensome parenting plans depending on how far you live from your child. Spending longer amounts of time with your child at once will save transportation time and costs, and won’t interfere as much with your child’s schooling and extracurricular activities. It may be easier for you to travel to visit your child during the rest of the year.
This is an issue that you should be sure to address in your parenting plan, especially if one parent moves to a different state. If the parent’s new home is too far to drive, one parent may need to stay with younger children on flights. The judge may order for the parents to switch off on travel responsibilities, or one parent may handle this if their budget and schedule allows.
No. Although summer vacations are a great opportunity for a parent who lives far from the child to catch up on quality time, the child doesn’t need to spend the entire summer with one parent. We often see parents arrange to spend one month, six weeks, or two months out of the summer with their child so the other parent still has an opportunity to take the child on vacation.
Unless there is a restraining order or other order limiting contact in place, you can call the other parent to ask why they didn’t arrive. You may also want to do this over email or text message, so there is notation that you attempted to hand off the child for court-ordered visitation. You should alert your Arizona family law attorney as well if the other parent fails to show up for visitation. Documentation of the other parent’s failure to comply with the child custody order may be used as evidence in future custody proceedings.
You will need to work out an agreement with the other parent to allow for a special exception to the parenting plan. Also keep in mind that you must inform the other parent before traveling out of state with the child, and will typically need permission from the other parent (or the court) before taking your child out of the country. You may need to offer up a holiday like Christmas or Thanksgiving with the child in exchange for your special day. Family law judges will not appreciate this matter being brought to court as an issue for emergency modification. You should hopefully be able to resolve this issue with the other parent out of court. However, it may be an emergency if the other parent plans to take your child out of the state or country against your wishes. You should contact a family law attorney in Arizona for guidance if you are in this situation.
Many holidays, like Christmas and Thanksgiving, are kept on rotations in parenting plans. One parent will typically have a fair amount of holidays with the child one year, and the other parent will have the child for those holidays the next year. You can choose to switch off Fourth of July or any other summer holiday in your parenting plan. If your plan doesn’t make special arrangements for Fourth of July, the child will stay with the parent who has custody on that day.
Usually, child custody orders allow for the child to be with their parent on that parent’s birthday. However, this isn’t an automatic right, and visitation could be inconvenient if your child visits an out-of-state parent during summer vacations. Check your parenting plan to see if you have parenting time or visitation with your child on your summer birthday. The child’s other parent may agree to let you have the child that day, but you may need to travel to them if the other parent lives out of state.
Absent some special provision in your custody orders, you don’t need any special permission from the other parent to take your child on an in-state day trip during your summer parenting time. You can take your child to the waterpark, zoo, lakes, rivers, and other attractions in Arizona without checking with the other parent first.
Even when the child is in your care, some decisions still must be run by the other parent. If both parents have legal decision making for a child, they both must approve of religious, educational, medical, and other important decisions in the child’s life. However, if you have sole legal decision making authority (sometimes referred to as “sole legal custody”), you don’t need the other parent’s approval for your child’s summer activities.
Have more questions about custody during the summer holidays? Don’t hesitate to call our firm to schedule your free consultation. Our Arizona custody lawyers are experienced in achieving positive outcomes for our clients, and offer affordable rates and payment plans. Call or use our online form today to schedule your free consultation.
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