How to Modify Your Custody Agreement for Summer Vacation Plans in California
No matter how thorough your custody agreement is and how well it has worked in the past, changes will inevitably be necessary at some point. For many families, summer vacation is the first time that they need to change up their custody agreement. No matter how hard you try to keep your family vacation within your allotted custody time, sometimes the availability just is not there. Depending on whether or not your coparent agrees with your proposed change, there are different ways to adjust your custody agreement. Working with a child custody lawyer can streamline this process.
Led by attorney Richard M. Ewaniszyk, the team at Ewaniszyk Law Firm is committed to helping clients navigate family law concerns. Our team boasts extensive experience in this area of law, making us the resource you need as you navigate custody concerns. Schedule a consultation with our Victorville child custody attorneys by calling us at 760-245-7310.
Review Your Current Custody Arrangement
The first step in any custody dispute or modification is to review the most current copy of your existing custody agreement. Sometimes, parents are working off of an outdated or misinterpreted version of the custody order, and a change isn’t even necessary. By looking at your order, you can look at how time is currently meant to be split during the summer and determine how much of a change you’re asking for. For example, there’s a big difference between asking to switch one of your week’s with one of your coparent’s weeks and asking your coparent to give up all of their summer parenting time so you can summer in Europe. When you know how much—or how little—you’re asking for, you can decide how to approach the conversation with your coparent. If you have a contentious relationship with your coparent, you may want to discuss your concerns with your child custody law firm ahead of time.
Discuss Your Thoughts With Your Coparent
In many situations, child custody modifications can be negotiated directly between coparents. This is especially true when you’re only asking for a temporary change that won’t affect future summer vacations or if you are only asking to switch time, not change how much time each parent gets.
If you and your coparent generally get along, have been flexible about custody changes in the past, and can compromise to put your child first, they may be willing to agree to any necessary changes without you having to plead your case.
Document Any Necessary Changes
If all goes well and you and your coparent agree to a temporary change in custody arrangement for summer vacation, you can talk to your child custody lawyer about what you need to do next. You may be able to just document the change in writing and have both parties sign off on it. It’s always good to document these conversations and agreements over email or text, as this creates a paper trail you can refer back to if issues arise. While you can go through the court system to change the parenting agreement you have on file, it may not be necessary in your situation. However, every situation is different, and it’s best to discuss yours with your attorney. They are familiar with your coparenting relationship and anything your ex-partner may have done in the past to warrant extra documentation in scenarios like this one.
Consider Legal Routes If You Cannot Agree
What if your coparent doesn’t agree? Now you really need to talk to a child custody attorney to cover your bases. You’ll need to petition the court to modify your current parenting agreement due to a change in circumstances. For example, you may request a change if your work schedule has changed to the point that your current summer arrangement is no longer practical, the child is old enough to voice their preferences regarding how they spend their summer break, or the change would allow the child to take advantage of an opportunity that would be in their best interest. You can file a Request for Order, attend mediation to attempt to settle the issue outside of court, and take your case to court if needed. The judge will then decide what is in the child’s best interests.
Explore Your Legal Options With Ewaniszyk Law Firm
Our child custody law firm is here to help you navigate complex custody concerns. Set up a consultation now by calling us at 760-245-7310 or filling out our online contact form.
Mr. Ewaniszyk was first admitted to practice law in 1982 and he lived and raised his family in the High Desert since 1986. He has successfully represented hundreds of clients each year suffering from serious and catastrophic personal injuries, those accused of criminal offenses, people going through divorce and family law matters, and families facing bankruptcy. Mr. Ewaniszyk has tried many cases in both Federal and State Courts during his extensive career and previously served for five years as the City Attorney for the City of Adelanto. Learn more here.