Summer Child Custody Issues to Consider
May 26, 2021 • by Elizabeth Billies
School’s out for summer! Well almost. While your kids may be excited for no more homework or virtual schooling, you may not be sharing their same enthusiasm for summer break. This is because summer can bring up unique child custody issues for separated families. However, with communication and planning, you and your co-parent can easily get through these 3 summer child custody issues and still have time to enjoy those summer nights.
In this article I will talk about:
Changes to the physical custody schedule during summer months;
Summer Childcare options; and
Selection of camp and extra-curricular activities.
Changes to Your Physical Custody Schedule During Summer Months
Some families have different physical custody schedules for the school year vs. the summer months. This could be for a few reasons:
The parents do not live near each other. Therefore, it is difficult for the parent who lives far away to have custody of the children during the school year. This is very common when one parent relocates out of state.
One parent is in the education field or is employed in another type of seasonal work which allows them to spend time with the children during the day.
The parties agreed or, the court decided, that the children should live primarily with one parent during the school year. This may be because the children have special needs or other issues which would make transitioning back and forth between the parents’ homes a stressor while in school. Courts are generally reluctant to implement a custody schedule which is going to cause a child to struggle. As a trade-off, the court will give the parent who has less time during the school year (i.e. partial physical custody) more summer child custody because the school issues are not present.
What should you do if you have a different summer child custody schedule?
If your custody schedule changes in the summer months, it is critical that you review your agreement or order carefully to make sure that you are following the summer custody schedule. It may also be a good idea to talk to your lawyer before the schedule starts so that you are clear as to what the schedule is and what your obligations are.
Most importantly, you should prepare your children for the change. Children thrive on routine. Therefore, if your custody arrangement drastically changes in the summer, they may feel thrown off and act out. Make sure that you prepare them well in advance for the transition so when it does come, they aren’t stressed or confused. If you are okay with the shift, they will be too.
Summer Child Childcare Arrangements
While your children may have their summer days free, chances are you do not. What are your children going to do while you are at work? Are your regular childcare options available this summer or are they still closed or limited because of COVID-19?
Generally, summer child custody requires you and your co-parent to make additional child care arrangements that are not required during the school year. Remember, COVID-19 has also brought a lot of changes to childcare options. What you did in previous years may be available again as COVID-19 restrictions are being lifted. However, not all childcare providers are back to business as usual. You may have to find an alternative option for childcare again. Therefore, planning in advance is key.
In addition to advance planning, you and your co-parent also need to agree on the childcare provider. Both parties should be comfortable with the selection, their COVID-19 protocols and have equal access to their contact information should an emergency arise. Again, if you cannot agree a court may have to intervene. If you think this may happen in your case it is critical that you contact a lawyer ASAP to see what your options are to resolve this dispute.
Selection of Camp and/or Extra-curricular Activities
Summer time is also a great opportunity for children to participate in activities that they would not be able to be involved in during the school year, such as camp, sports, or educational programs. Again, as COVID-19 restrictions ease, activities that they were not able to do last year could be available again, with some adjustments. Here are some questions that you need to discuss with your co-parent about your children’s summer schedule:
1. What activities have your children expressed an interest in?
Are they interested in science camp or traveling soccer? Or both? If there is a dispute between the parents, the courts will generally look at what children want to do and what they have done in previous years. They also will look at what COVID-19 precautions are being taken by the chosen activity and whether they comply with CDC guidelines.
2. What is the cost?
In general, the cost must be reasonable and in line with the parent’s incomes. A court will not order a parent to share the cost for a $30,000 sleep away camp when that is not consistent with the parties’ finances. This will be the case even if the children attended the camp previously. The reality is that parties do financially better together than they do apart.
Therefore, even if you and your former spouse had the monies for certain summer activities in the past, the court will review your present financial situation to determine if the expense is reasonable and should be incurred. Again, this may be especially relevant if either you or your spouse have lost jobs because of COVID-19 shutdown. In short, the court will not force you to forgo paying your mortgage to send your child to basketball camp with Larry Bird.
3. Does the other parent disagree with the activity?
Sometimes, parents cannot agree as to whether children should participate in a certain summer camp or activity. This could be because of the nature of the activity or the COVID-19 risks that it poses to the child and extended family. If that is your case, the courts, in addition to cost, will look at the other parent’s reason for disagreement. Generally, the other parent’s approval should not be “unreasonably withheld.”
So when is it okay to say no? Some valid reasons include:
The child doesn’t want to participate in the activity and would rather do something else;
The location of the activity requires excessive travel or expense;
The activity conflicts with the parent’s vacation plans;
The activity is not CDC compliant or, it poses an unnecessary risk of contracting COVID-19 to the child or our household members; or
The activity would severely impact the other parent’s custodial time.
You can have a great summer with your children, even with the COVID-19 precautions as long as you plan ahead and communicate with your co-parent about these summer child custody issues. If you have a disagreement regarding childcare, camp or activities, first try to work it out with them before turning to the court system. Simple advance planning, transparency and reasonableness will make sure that you have a summer with your kids that they will remember well into their adult years.