Wednesday, February 4, 2015

Question about non consecutive vacation week with a child during summer time and cumulating with parenting time?

Q:  I have a custody judgement that says: "Each party shall have up to 2 weeks during summer. Until September 2016, each parent shall have up to 2 non-consecutive one-week of vacation periods." 

Could I do something like that: Friday 5pm to Friday 5pm. This later is the beginning of my parenting time until Sunday 5pm. Have the second week from Sunday 5pm of the same weekend (end of my parenting time) until next Sunday 5pm. Therefore it will be 1 week, 2 days parenting time and 1 week. 

From my understanding vacation time doesn't remove parenting time.



Additional information

My ex wife won't agree to anything, she just goes by Court Orders. I am just wondering it the Court Order itself allows me to do that. The Order says the "vacation time supersedes regular schedule"

A:  David's Answer:  My preliminary thoughts are that this would run afoul of the agreement. "Two consecutive weeks" would include the weekdays so it can't merely be "broken-up" by a mere weekend. That said, I'd prefer to see the agreement to render a definitive opinion. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody  attorney (

1 comment:

  1. If one parent is always with the child, why do they also get 2 non-consecutive weeks with the child? I thought that it was only the one parent that the child does not live with that gets that sort of privilege. That is how it was for a couple of my friends.