Divorce With Respect

Can you alter your custody agreement during summer break?

On Behalf of | Aug 1, 2019 | Child Custody, English | 0 comments

Summer break is a time for parents to spend quality time with their children while they are out of school. Taking family vacations, lounging by the pool and going on adventures together is what makes summer memorable for the whole family.

If you have limited custody, you may want to modify your custody agreement over the summer when your kids have more free time. This may or may not be possible, depending on your unique situation in Sacramento, California.

Plan ahead during the divorce

The simplest way to have a unique custody arrangement over summer breaks is to plan for this during your divorce ahead of time. A lawyer with experience handling divorce cases could help you and your spouse map out a unique summer break custody schedule as part of your parenting plan. Including a summertime schedule in your original plan can give you physical custody of your kids according to how you and your spouse wish to arrange things over the summer break.

Modify an existing custody agreement for summer

If it is too late to include a summer arrangement in the original custody agreement, you may be able to modify an existing custody order. This will take either both parents agreeing to the change or one parent asking the court to officially modify the custody order.

If you and your ex-spouse agree to a unique arrangement over the summer, write up a parenting plan. Then, fill out and sign the correct forms to make the change official. Submit the forms to the court and then wait for the judge’s review and signature. The signed documents will then be filed with the court. This should officially change your custody agreement.

If your ex-spouse does not agree to the modification, you will have to file a motion that shows a change in circumstances and that a new arrangement for the summer is in your child’s best. If you file in Sacramento, you will then be referred to Family Court Services Mediation where the mediator will make a summer arrangement recommendation. After mediation, the judge will hear what you or your lawyer has to say about the recommendation. Finally, a judge will make a decision on whether to accept a modification to the summer arrangement.