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When a person with children is facing a divorce or separation, often the most difficult issues to resolve are custody or parenting time issues.  Parenting time, formerly known as visitation, is the schedule for what days and nights the children will be spending with each parent.  This blog is written to broadly address the question of whether there can be a different parenting schedule for the school/academic year than for the summer vacation months.  If you have any questions regarding your own personal situation, please do not hesitate to contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.

Custody vs Parenting Time or Visitation

Custody really refers to the ability to be the parent of the child.  There are two types of custody, physical and legal custody.  Legal custody refers to the ability to be involved in decision making regarding the child's life such as education, religion, medical and mental health treatment.  In Michigan, it also means that you cannot move more than 100 miles from where you resided at the time the original divorce judgment or parenting time order was signed unless you obtain approval from the other parent or the court. 

Physical custody technically refers to which parent has the physical custody of the child.  This term has actually lost most of its meaning and been supplanted by the term parenting time schedule or parenting time (it was what was once referred to as the visitation schedule).  The courts in Michigan have moved  toward a starting point of joint custody with as close to equal parenting time for each parent as is possible, because research and statistics seem to show that is the best for the children.  However there are times where an equal parenting time schedule may not be in the best interest of the children, in those cases the parenting time schedule is often the most difficult issue to work out between the parents during a divorce or separation.  Sometimes, even when the parents agree that an equal parenting time schedule is in the best interests of the child, actually working out that schedule can be a challenge and legal consultation is advised before agreeing to any specific parenting time schedule because it can be very difficult to change once established.

Can There Be a Summer Parenting Schedule and a School Year Parenting Time Schedule?

Yes, there can be two different schedules for summer parenting time and school parenting time.  In some cases, due to employment demands, physical limitations, travel or other reasons, it may make more sense to have the child stay with one parent more during the school year and the other parent during the summer or to equally divide the summer vacation.  If the parents agree (or a judge decides and orders after a trial) that it is in the best interests of the child to have one schedule during the summer and another during the winter, then that will be implemented.  There is also typically a different schedule for school breaks like Christmas and other holidays as well.  These type of schedules can easily be figured out and implemented through legal counsel and in mediation so long as the parties are willing to be open to an agreement about such a schedule.  Otherwise, this is an issue that could go to trial with the judge if it cannot be agreed upon..

A typi8cal instance where different parenting time schedules will be required is that, due to the mobility and employment demands of modern society, it can often happen that one parent lives in one state or country while the other parent lives in another state or country.  In such cases, it is really impossible to develop an equal parenting time schedule, so what often happens is that one parent is granted parenting time during the school year and the other parent is granted parenting time for the majority of the summer and other school breaks.  In addition, the parent that does not have parenting time is allowed to make the trip to where the child is residing with the other parent and arrange for some additional parenting time in the state or country where the child is residing.  For instance, if the child is residing with one parent for the school year in Michigan and the other in Mexico for the summer/vacations, then while the child is in Michigan the other parent may travel to Michigan and exercise some additional parenting time in Michigan and vice-versa.

Parenting time schedules, particularly where there is going to be a physical distance between the parties can be challenging to work out.  If you have questions regarding your own situation, please do not hesitate to contact us to schedule a consultation by clicking on this link.