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Noncompliance with the summer visitation schedule

Most custody and parenting time orders that are put in place by the courts today have specific stipulations on how visitation will be handled during the summer when school is out and the children's schedules are often different. However, it's also not uncommon for one or both parents to not want to comply with the summer visitation schedule.

Many parents don't give the summer visitation schedule much thought until summer is actually here. Often it is first brought to their attention when one party notifies the other of the intent to go on vacation with the children. If the other party objects or there is a scheduling conflict, it can cause the situation to escalate quickly.

If you are the one who doesn't think the current custody or parenting time order is in the best interests of the children, it's usually best to first talk to your ex and see if the two of you can come to a new agreement. If not, you'll likely need to file for a modification with the family courts to try to get the order changed.

If it's your ex who doesn't want to follow the schedule — such as not providing enough notice for a vacation or refusing to take his or her summer parenting time — it's important to stick to the schedule for the present until you can talk with an attorney about your options. The courts usually will not force a parent to exercise his or her parenting time, but you may be able to get the order modified to something that better fits your needs.

Source: WomansDivorce.com, "Summer Visitation FAQs," accessed June 17, 2016

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