Summer Visitations Concerns

Published 05/27/16 by Admin

As summer approaches, there are a litany of concerns that litigants and potential litigants should be aware of. We will address the three main issues, that you should be aware of, as the season begins.

  • Notice to Relocate: This is a standard part of most post decree actions and practically every divorce decree. By statute, all litigants in a case are required to keep the court up-to-date on the address of all parties. However, even if you are not currently in active litigation, if you have moved or are intending to move, we strongly suggest filing a notice to relocate. Especially if the proposed relocation, will have an effect on the visitation schedule between the parties.’ A notice to relocate form is typically available on the forms section of each counties’ clerk of courts website. However, if your county does not have an approved notice to relocate form, a simple letter, indicating where your new address will be, and when you will be moving will suffice.
  • Review and Know your visitation schedule, especially the summer visitation restrictions. This is good advice no matter what, but especially as we enter the summer time, you have to know your visitation schedule. I would suggest reading the order carefully, and if you have rule 27 or rule 22 visitation to review every single page of each those local rules. I would suggest reading the summer visitation sections, but also the holidays that may also fall within the summer. Oftentimes, these rules also indicate if you are going on vacation that you must provide contact information, itineraries, and turn over identification necessary for the application of a passport. Often the rules create a useful framework for a couple, but they are not intended to answer every single conceivable issue that may arise. The expectations of the Courts, are that the parties are communicating well, and are able to compromise as necessary for the well-being of the child/children involved.
  • Be prepared to file litigation if necessary, but do not expect it op happen quickly. If one party is not complying with the order/rules, you have to decide what the appropriate response is. It may be contacting the party directly, as the issue may have been an inadvertent mistake. Perhaps it includes having your attorney contact them to remedy the issue. The last option should be to file an action to compel the other party to comply. The reason for this is cost, but most importantly an issue of timing. If one party files a motion in early summer, it is likely there will not a be a full hearing in front of a magistrate until the summer is practically over, meaning that the issue may be functionally moot, or no longer an issue. Of course, sometimes the filing of an action is strategic and sometimes it needs to be done to send a message, however, from a purely pragmatist approach, the easiest way to address non-compliance during the summer is to work on this issue without the intervention of the court.

Regardless of what your situation is, I would strongly suggest a review of your custody/visitation order sooner rather than later. We offer a visitation and custody review of your situation in our office at this time of year. The review entails, reading and going through every single line of your order, reviewing your procedural history, and giving specific recommendations as we enter this turbulent time of the year. If you would like us to review your situation, and have one of our attorneys review your situation, please feel free and contact our main phone number, at (614) 702-2222.