Sunday, April 14, 2013

Making summer plans?

It's that time of year to file tax returns and to designate periods for summer possession and vacation.  Most orders read that the non-custodial parent, let's say John, must notify the primary parent, Jane, by April 1st of when and how he plans to exercise his 30 days of summer possession.  He can choose 30 consecutive days or he can break it up into no more than two periods such as 1 week/3 weeks or 2 weeks/2 weeks.

If John does not notify Jane by April 1st, then he can no longer "pick" his period of possession.  It defaults to the period of possession outlined in the order which is normally the entire month of July.

Once April 1st passes, Jane then must notify John of the one weekend she is allotted to exercise during his 30 day period.  For example, if John has the kids during the entire month of July, Jane can designate July 4th weekend as the weekend that she chooses to exercise.  She can also designate a weekend of John's regular periods of possession (1st, 3rd, 5th weekends) in June or August so long as she doesn't choose Father's Day.

Please note that the above is based on Standard Possession language.  Please refer to your order for specific dates that you must notify the other parent as well as the number of days you have been awarded in the summer. Also, you and the other parent can always agree to a possession schedule above and beyond what is in the order, just be sure to get it in writing!