Confusing summer visitation clause

Asked over 1 year ago - Scranton, PA

In my custody order it states this "5. As to the summer vacation, each parent is entitled to two (2) nonconsecutive weeks with minor child. Each parent must provide the other parent thirty (30) days notice of their intention to take the minor child for their summer week."
I am the primary physical custodian but we share legal custody. I'm confused by this clause... I'm wondering what this sounds like to someone else? How does this work if my son lives with me?

Attorney answers (2)

  1. Randi Joy Silverman

    Contributor Level 16

    1

    Lawyer agrees

    Answered . This clause makes perfect sense. It means that each of you have the right to have custody of the child during the summer for two non-consecutive weeks, typically to take the child in vacation. These weeks are uninterrupted so that the other parent cannot exercise mid-week visits during the other parent's vacation.

    My response is based solely on the limited information contained in the question. It is not meant to substitute... more
  2. Kathryn L. Hilbush

    Pro

    Contributor Level 19

    Answered . I'm adding to the answer given above. You are expected to tell each other at least 30 days ahead of time when you want to exercise you right to take your child for each one week vacation. That means you have to give him 30 days advance notice and he has to give you the same. The fact that he is not the primary custodial parent does not necessarily preclude the father from having vacation time with your child. Apparently the court thought that it would okay for him to do this.

    Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L.... more

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