You're Running Out of Time to Set Up Your Summer Parenting Time
I can't believe we are halfway through 2018 already! Where has the time went? But I'm sure we are all happy that finally the warm weather is here, am I right?!
So, as you know, we are at that time of year where the kids are getting ready to get out of school. Many parents exercise (or want to) additional parenting time during the summer. And it makes sense, right? The kids aren’t in school so there’s no homework and transportation to and from school to worry about. There are a few different ways I’ve seen this happen.
Alternating weekly parenting time. The parties exchange the kids every Sunday (or whatever other day would work for you). This is a split parenting time arrangement.
A 4-3-3-4 split. This means there is a 2-week parenting time cycle. Week 1, Dad would have parenting time 4 overnights, for instance, Sunday afternoon until Thursday afternoon (4 overnights). Then mom would have parenting time from Thursday afternoon until Sunday afternoon (3 overnights). Week 2, Dad would have parenting time from Sunday afternoon until Wednesday afternoon (3 overnights). Then mom would have parenting time from Wednesday afternoon until Sunday afternoon. Then the week 1 schedule starts again. This is a split parenting time arrangement.
Not all parents exercise a split parenting time arrangement during the summer for a variety of reasons. However, since the kids aren’t in school, many non-custodial parents (this is the parent that exercise parenting time) would spend an additional night or two with the child. Or maybe one consistent week.
Many judges are agreeable to granting additional summer parenting time. This is especially true if your child lives out of state. The farther away your child, the more difficult to spend parenting time during the week so many judges are willing to make up for that during the summer. In these types of situations, it’s not unusual for the Courts to order a continuous week, maybe once or a few times during the summer. Or alternating weeks.
At this time of year, the Courts get overwhelmed by the number of motions being filed to address a summer parenting time schedule. Many people wait until the kids are out of school to file this motion but that’s the wrong thing to do. You actually need to file in April to make sure you’re seen before a Judge before the summer break starts. By filing in June, you have to wait longer to get into Court because so many people had the same idea. You may not get into Court until the end of July or early August and by then, you’ve missed most of the summer.
If you have a parenting time schedule in place and you would like additional summer parenting time, you should file your motion ASAP. Keep in mind that normally, in order to increase your parenting time, you have to prove to the Court there’s been a substantial change in circumstances. However, a request for additional time during the summer will usually meet that burden. The Courts realize that the kids have additional free time is a substantial change of circumstances which justifies the Court considering increasing parenting time. So, if you want additional parenting time, don’t wait. File that motion ASAP!
Good luck!
p.s. I have a webinar Tuesday, June 12, 2018 called “5 Secrets to Get What You Want at Family Court!” If you are considering filing a motion to request summer parenting time (or any motion in Family Court for that matter), you should join us! It’s at 2:00 pm and it’s entirely online. You can listen from home, the car or at work, you just need an internet connection, and probably headphones for work. I’m not taking responsibility for you getting in trouble at work :)
Hope to see you (online) Tuesday June 12, 2018 at 2:00 pm. If you’re interested in join me, sign up here: https://kellymcgrifflaw.lpages.co/5-secrets-to-get-what-you-want-at-family-court-6-12-18-webinar/
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The contents of this blog entry are provided for informational purposes only. You should consult with an attorney to determine how the law applies to the facts of your particular case. Reading this blog entry does not create an attorney-client relationship with Kelly McGriff Law.