As summer approaches, many families in Los Angeles begin planning vacations and adjusting their schedules. For divorced or separated parents, the summer months often necessitate modifications to existing child custody and visitation orders. At Barsamyan Family Law APC, we assist clients in navigating these seasonal adjustments to ensure a smooth and enjoyable summer for both parents and children.
When to Seek a Modification
Existing custody orders typically include provisions for holidays and summer vacations. However, as children grow and circumstances change, these provisions may no longer be practical or in the children's best interest. Parents may need to seek a modification if they wish to take an extended vacation that conflicts with the regular visitation schedule, or if a parent's work schedule changes significantly during the summer.
The Changed Circumstances Standard
To modify a final child custody order, the requesting parent generally must demonstrate a significant change of circumstances since the original order, and that the proposed modification is in the best interest of the child. (Montenegro v. Diaz (2001) 26 Cal.4th 249.) The changed-circumstances rule applies only to changes that affect the custodial designation. For modifications to a parenting or visitation schedule that do not amount to a change of custody, the court applies the best-interest standard alone. (In re Marriage of Lucio (2008) 161 Cal.App.4th 1068.)
Proposing a Summer Schedule Modification
The most effective way to modify a summer schedule is through a mutual agreement between the parents. Parents can negotiate a temporary modification and submit a written stipulation to the court for approval. This approach is generally faster, less adversarial, and more cost-effective than litigating the issue.
When proposing a modification, it is crucial to be specific about dates, times, and transportation arrangements. Clear communication and a willingness to compromise are key to reaching an agreement that accommodates both parents' vacation plans.
Travel Notice Requirements
Most custody orders include specific travel notice requirements. Parents are typically required to provide advance written notice of any out-of-state or international travel, including itineraries, flight information, and contact details. Failing to comply with these notice requirements can lead to disputes and potential legal consequences.
If a parent plans to travel internationally, they must also ensure they have the necessary documentation, such as a valid passport for the child and, in many cases, a notarized letter of consent from the other parent.
Tips for Planning Ahead
To avoid last-minute court filings and unnecessary stress, parents should begin discussing summer plans well in advance. Review the existing custody order early in the year to identify any potential conflicts. If an agreement cannot be reached, filing a Request for Order (RFO) with the court may be necessary. Given the busy court calendars in Los Angeles County, it is essential to file the RFO several months before the summer season begins to ensure a hearing date can be secured in time.
Schedule a complimentary 15-minute phone consultation. In-depth case strategy sessions are available at a flat fee. Contact Barsamyan Family Law at (424) 600-0019 or schedule online at barsamyanfamilylaw.com/contact.
This article is for informational purposes only and does not constitute legal advice. Every situation involves unique facts and circumstances. Consult with a qualified attorney before making legal decisions.