For parents who reside WITHIN 100 miles of each other:
If the non-custodial parent (NCP - the parent who does not have primary custody) gives the custodial parent (CP - the parent who has primary custody) WRITTEN notice by April 1, the NCP can choose to exercise his/her summer visitation in two separate periods of at least 7 days each. For example, 15 days in June and 15 days in July. Another example is 20 days in July and 10 days in August. It's really up to them. For those who choose to extend their visitation into the month of August, be advised that your visitation period must END 7 days before your child goes back to school. That means, if school starts on August 25, your August visitation must end by August 18.
If the NCP does NOT give WRITTEN notice by April 1, the NCP shall have summer visitation for 30 consecutive days beginning at 6:00 pm on July 1 and ending at 6:00 pm on July 31. Yes, that is a very long time. If the CP wants to see the child(ren) during this time, he/she must either give the NCP written notice by Apri
For parents who reside MORE than 100 miles apart:
The same provisions above apply, except that instead of 30 days in the summer, it's 42 days. If the NCP does NOT give the CP notice by April 1, the NCP will have possession beginning at 6:00 pm on June 15 and ending at 6:00 pm on July 27.
Likewise, if the CP wants to see the child(ren) during these 42 days, he/she must either give the NCP written notice by April 15 specifying up to TWO particular weekends that they want to have the child(ren) or give them 14 days notice after April 16. This mean, the CP can have the children for TWO weekends during the NCP's summer possession as long as it does not interfere with Father's Day and as long as they give proper notice.
Summary (Parents residing WITHIN 100 miles of each other)
oThe NCP gets 30 days in the summer
oIf the NCP wants to divide the 30 days into two separate periods, he/she must give the CP written notice by April 1.
oEach separate period above must be at least 7 days.
oIf the NCP does not give written notice by April 1, he/she will have visitation for 30 consecutive days from July 1 - July 31
oIf the CP wants to see the child(ren) during the NCP's summer possession, the CP may designate one full weekend that they want the child(ren). This notice must be given by April 15, in writing. If notice is not given by April 15, the CP can still have their weekend with 14 days notice as long as it doesn't interfere with Father's Day.
oAll required notices should be in writing!
Summary (Parents who reside OVER 100 miles apart)
oThe NCP gets 42 days in the summer.
oIf the NCP wants to divide the 42 days into two separate periods, he/she must give the CP written notice by April 1.
oEach separate period must be at least 7 days.
oIf the NCP does not give written notice by April 1, he/she will have visitation from June 15 - July 27.
oThe CP can designate up to TWO weekends to have the children during the NCP's summer visitation (as long as it doesn't interfere with Father's Day).
oNotice must be given to the NCP in writing by April 1. If the CP does not give notice by April 1, he/she can still exercise their two weekends, but they must give 14 days notice for each one.
oAll required notices should be in writing.
Regardless of Distance:
Keep in mind that should the NCP choose to exercise visitation in August, it must end at least 7 days before school starts.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.