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Questions About Summer Vacations with Shared Children


When children who attend school are released for summer vacation, parents’ schedules change greatly. Although these summer schedules can greatly differ for any family, divorced parents with shared children may suffer many more anxieties and worries regarding their children’s schedules. What happens when one parent wants to take their child on a summer vacation?

To help our clients understand how to plan summer vacations following a divorce, our New York child custody attorneys have answered a list of questions, which can be found below:

Can I take my child on vacation on a date when my ex-spouse is supposed to have our child?

When vacation/holiday plans interfere with normal visitation, the agreement should stipulate whether normal visitation is primary, or vacation is primary. The contract should make this clear.

Can my spouse extend a weekend in order to increase their parenting time?

Oftentimes, parents will attempt to increase regular visitation time by adding on vacation time to a weekend. For example, one parent may try to add a two-week vacation onto a regularly scheduled parenting weekend, increasing their amount of vacation time from 14 days to 17 days. To avoid these kinds of occurrences, divorced couples should ensure orders are written correctly by adding phrases such as, “Holiday visitation cannot be added onto regular visitation time to increase parenting time without written permission from the other parent.”

Can I take my child out of state during summer vacation?

In many cases, divorced parents will have provisions listed in their orders that state limitations or notice requirements for out-of-state trips and vacations. Most often, a parent wishing to take their child out of state during a summer vacation must obtain permission or give notice to the other parent. To be safe, parents should review this child visitation order or speak with an experienced lawyer before planning a summer vacation with their children.

Lois M. Brenner, Esq. is Here to Help!

If you are recently divorced and share children with your ex-spouse or have questions regarding child visitation rights, we encourage you to get in touch with a New York child custody lawyer from our firm right away. At Lois M. Brenner, Esq., we understand that summer vacations can bring a series of complexities to light, and that is why we are here.

Speaking with a New York child custody attorney today by calling our team or filling out a consultation form online!