Written by Jonathan Breeden
It is that time of year again. Children are getting out of school, pools are opening, and the beach is calling my name. It is about to be summer. When it comes to child custody in North Carolina, in almost all cases the summer custodial schedule is going to be different than the custodial schedule during the school year.
In most court orders for custody the summer schedules are distinctly different from the school year schedule unless your regular school year schedule is week on week off. In the vast majority of cases, when the parties live within 4 or 5 hours of each other, the Courts are going to award visitation in the summer as “week on, week off” with exchanges on Sundays at 6pm. On a traditional school calendar where there are 10 to 12 weeks out of school, each parent will receive 5 or 6 weeks to spend unstructured time with the children and travel with them if they choose.
If the parties live further away and the non-custodial parent is unable to exercise a minimum of every other weekend visitation then the non-custodial parent will more than likely receive more than half the summer to help, make up for the time they do not get to spend with the child during the school year. Given that there is distance the children may go to that parent for 4 to 7 straight weeks in the summer and sometimes the courts will do two or three weeks on and two or three weeks off throughout the summer.
The parent paying child support still owe the same amount of child support as they owe in school year months even though the child is with them a lot in the summer since in North Carolina the child support obligation is divided into twelve equal payments, but having a child support lawyer look over your order can ensure nothing gets missed.
During the summer the parent who has physical custody of the child is responsible for childcare for the child during their weeks and is responsible for getting the child to and from childcare or camps. Summer camps tend to fill up well in advance of the summer so you should be planning for your weeks each summer.
If a parent violates the court order, the other parent can file a motion for contempt. Courts take custody violations seriously, especially when they disrupt summer plans or travel.
It depends on your custody order. Some orders include specific travel provisions, while others require written notice or consent. If yours is silent, it’s best to notify the other parent in advance. A North Carolina child custody lawyer can review your order and advise you on your options.
Unless otherwise agreed, each parent is responsible for planning activities during their assigned weeks. If a conflict arises, you’ll need to communicate early and possibly compromise to avoid disputes.
Older children’s preferences may carry some weight, especially if both parents agree to consider them. However, the court order still controls unless it’s officially modified.
Ideally, begin discussing summer logistics in early spring. Camps, flights, and vacations book quickly, and early planning avoids last-minute stress or disagreements.
Summer vacation can be a great time for you and your kids to make memories and relax before the school year takes off again. Sharing custody can be tricky, but it doesn’t have to be stressful for your children. The Breeden Law Office knows that custody issues can be a struggle, but we are pledged to help our clients get the best possible solution. We’re ready to help, so reach out to schedule a consultation. Just remember to follow your court order and HAVE FUN this summer.