Child Custody Attorneys

After custody has been decided by the court or agreed to by the parties, situations often arise in which one or both parties would like to change the orders. This could be the result of one parent’s desire to spend more time with the child, one or both parties deciding to pursue or modify joint custody, the result of a move (for work for example), or because the petitioning parent feels that the child’s best interests are not being served by the other party.

It is a popular misconception that the judge will be unlikely to change the status quo and grant the modification. In actuality, the judge’s ruling will be based on the evidence presented and the petitioning parent’s reason for the request.

Holidays generally take precedence over the regular schedule in regards to child custody and include both religious and non-religious holidays. It is important to specify a holiday schedule in custody and visitation orders either at the temporary custody phase of the case or upon entry of judgment. Many parents alternate major holidays or divide the holidays up by the religious practices of each parent. It is advisable to have a set holiday schedule before the stress of the impending holiday season can make it difficult for parents to reach agreements.

A: Many child custody orders permit parents to have uninterrupted vacation time with their children. The length of permitted vacations with young children often depends on the age and temperament of the child, and should not interfere with the other parent’s holiday time. For older teens, parents often plan their vacations around the teen’s schedule, especially if they have a job, extra-curricular activities or sports to attend. Most orders permitting vacation time require the vacationing parent to provide the other a minimum of 30 days notice and a full itinerary including flights, destination, lodging, and contact information. When drafting vacation orders, it is important to discuss each parent’s thoughts on international travel as well as cooperating with each other for the child to obtain a passport.