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Custody Holiday or Vacation

If a divorce or custody client asks about holiday v. vacation v. weekends v. regular parenting time, there is an order to parenting time with the children which is generally spelled out in any custody order or parenting plan.

Essentially, holiday time is considered paramount to all other parenting time.  You cannot schedule a vacation during the other parent's holiday time. Vacation time is second to holiday and comes before weeekends or other regular parenting time.  If you are scheduling a vacation, it will likely fall partially on your parenting time and partially on the other parent's regular time with the children.

Some parenting plans are specific with respect to vacation time and when it is allowable.  For example, often if the summers are week on/week off then the summer vacation will be required to be used on that person's week.  This is to prevent 3-5 weeks straight with one parent.  This is not always the case and the Settlement Agreement/Parenting Plan/Custody Agreement should be closely read to make sure in any specific case.

If you want to take a vacation during a holiday time, it is fine so long as it is already your holiday.  If the holiday is written to the other parent, then you will need written consent from the other parent that you may take the children during his/her time.  This is often done via email.

If you have questions first read your parenting plan or custody paperwork. If you still have questions, contact your lawyer. If you do not have an attorney or you do not yet have paperwork and need a consultation, call Michael Bouldin at 859-581-6453 or email [email protected].

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