Summer Parenting Time

[lokeen]

What is the name of your state?Indiana

I have three questions regarding Summer Visitation...

Here is what the Indiana Parenting Time Guidelines say about Summer Vacation:

One-half of the summer vacation. The time may be either consecutive or split into two (2) segments. The noncustodial parent shall give notice to the custodial parent of the selection by April 1 of each year. If such notice is not given, the custodial parent shall make the selection.

Here is what the Marital Settlement says about Summer Vacation:

Husband shall have parenting time with the minor children based upon the Indiana Parenting Time Guidelines, except as hereinafter modified:

“During the extended Summer vacation, Wife shall have physical custody of the children on alternating weekends which shall include the Sunday night overnight with Wife returning the children to daycare or Husband’s residence on Monday morning together with three (3) uninterrupted weeks with one (1) of the three (3) weeks being the week immediately before the children return to school or pre-school in the Fall. During this extended Summer vacation, Husband shall have the children at all other times which shall include, but not be limited to one solid two (2) week period;”

#1. Because the Marital Settlement supercedes the Indiana Parenting Time Guidelines, NCP has physical custody of the children for the ENTIRE Summer Break...right?

#2. Does the April 1st "rule" apply to either party since nothing is mentioned in the Marital Settlement? And if it does apply, to whom would it apply...CP or NCP?

#3. Would either CP or NCP be in contempt if children are returned on Sunday evenings instead of the Sunday overnight allowed the CP during Summer parenting time?

 

[Whyte Noise]

Wow... that wording is just.... wow.

Yes, the modified part supercedes the Indiana guidelines. It's mentioned specifically that it does. Here is what I gather from what the court ordered.

NCP gets the child for the entire summer visitation. However, the CP gets EOW up until Monday morning, when she is to return the child to dad's residence or daycare at that time. (I also noticed that there's no specific time for this to occur. It just says "Monday morning".) The CP ALSO gets 3 weeks of time during the summer in addition to the EOW stipulation, and 1 of those weeks is to be the week before school/preschool resumes in the fall. Since one of those 3 weeks is specified to be the week before school returns, she is also entitled to 2 more weeks during the summer, and those dates/times aren't spelled out. It doesn't say that these weeks are to be consecutive weeks (back to back), but it does state that dad's time shall be at least one solid (consecutive, back to back) 2 week period.

So mom could take the first week of June, first week of July, and then the last week-long visitation in the week before school starts. That's her 3 weeks. Or, she could take the 2nd week of June, second week of July and then the week before school starts. Or, she could take all 3 weeks in a row starting in July. Either scenario would meet with the court ordered requirements of mom having 3 weeks (1 of which is to be the week before school starts) and dad having his 1 stretch of 2 consecutive back to back weeks.

So, for your questions...

1.) Yes.
2.) I would say yes (even though I may be wrong). The notification date wasn't changed as part of the summer visitation, so anything that was NOT changed automatically remains the same. The CP would have to let the NCP know what weeks they want.
3.) No. You don't have to keep the child as long as the parenting plan states, but you do have to have the child back no later than what it states. Bringing back early isn't a violation... bringing back late is.