Please note that this is not legal advice. See our disclaimer.
If your divorce is final, and you have minor children, you (and your children) may want to modify custody and visitation arrangements during the summer, whether you live close to each other or not. If you live some distance away, you may want to bring your children to visit you for a block of time, from a week to a month. Changes can be made in visitation schedules, but the process can be time-consuming. The summer may be over before you get a ruling. Here are some things you can do to facilitate the process:
- Contact your ex-spouse early—To amend an order, you will have to file a motion, unless you can get the other parent to consent to the changes, in which case you can enter a stipulation. Even then, the order amending your divorce decree must be signed by the judge and entered into the record. Start talking to your ex-spouse about next summer now, so that you can put the process in motion and have legal protection to change visitation next summer.
- Get your changes in writing—If you don’t have a summer vacation schedule as part of your divorce order, you may want to put one in place. You can do this by verbal agreement, but you will have to trust that your ex-spouse will honor this agreement. It is always to your benefit to get any changes to visitation in writing, and to have them entered as a modification to your divorce order by the court.
- Always focus on what is in the best interests of your children—The court will apply this standard, so you should as well. Consider whether your child is old enough to spend a significant amount of consecutive time without the custodial parent. It may be easier for you to bring them out for a month, as you have to make fewer trips, but it may be harder on your children.
- Take a cooperative approach—Whenever feasible, offer to meet your ex-spouse halfway. You will meet with less resistance.
Contact the Law Offices of Hornstine Law, LLC
At Hornstine Law, LLC, we have decades of experience protecting the rights of people in Pennsylvania and New Jersey, including parents who want to modify child visitation schedules during the summer. We provide a free initial consultation in all family law matters. To set up a private meeting, contact our office online or call us at 215-568-4968 (in New Jersey at 609-523-2222).