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Attorney & Mediator
Attorney & Mediator, Lawyer
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Father was awarded 1 week per month visitation.

Resolved Question:

Father was awarded 1 week per month visitation. He lives out of area. Child started school. Father wants his 12 weeks to be all of summer all of Thanksgiving and all of Christmas break. Is this allowed?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Yes, that can be allowed by the courts if at the present time the child's new school arrangements are conflicting with the father's ability to exercise his 12 weeks that he is entitled to. However, the court order stands as issued and it will be up to him to petition the court to request a change in the parenting plan before any changes could take place.

In general parenting plans where a parent is not in the state or lives more than 100 miles away is to have alternating holidays, extra time at summer, Fathers Day is, generally, with the Father, and Mothers Day is, generally, with the Mother, no matter whose weekend it is.

Comparing your schedule with that of the father's your schedule is what is customarily considered appropriate as it is flexible and accommodating to both parents.

But to answer your question if it is allowed, yes it can be allowed if he shows that all other schedules are not reasonable for the child-father relationship. That is a tough burden for father to argue. But at the present moment, if father wants changes to the parenting plan, it will be upto him to petition the court for a review hearing addressing the issue. Once there you can request mediation to work out a parenting arrangement with the mediator that is suitable for all of you.


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