Can Custody Arrangements Change for Summer Break in San Diego?
Summer break brings welcome freedom for kids, but it can also bring legal and emotional challenges for parents sharing custody.Whether you’re planning a vacation, adjusting for work schedules, or dealing with new conflicts, understanding how to handle a summer custody schedule change in San Diego is essential for protecting your time with your children—and staying in compliance with your court order.
At Mattis Law, A.P.C., our San Diego child custody lawyer helps parents navigate changes to parenting plans for holidays and school breaks.
What the Law Says About Summer Break and Custody
In California, parenting plans are generally created as part of a divorce, legal separation, or paternity case. These plans outline how legal custody (decision-making) and physical custody (time spent with the child) will be shared.
Many parenting plans include a standard school-year schedule and a separate summer or holiday schedule. If your current plan includes a section about custody during school breaks, those terms will apply automatically once summer begins.
If your current order doesn’t include summer-specific provisions—or if you need to make changes based on new circumstances—you may need to seek a modification through San Diego family court summer schedule proceedings.
Reasons for a Summertime Scheduling Change
Summer creates unique scheduling issues that often require flexibility. Here are some of the most common reasons parents seek modifications:
- Vacations or travel plans that conflict with the regular schedule
- Children participating in summer camps, sports, or academic programs
- Changes in a parent’s work hours or availability
- Requests for longer visitation blocks due to the distance between homes
- Disagreements over how summer should be split between parents
It’s common for parenting plans to alternate weeks during summer or to allow each parent a specific uninterrupted vacation period. However, if your plan doesn’t specify these terms—or if one parent is refusing to cooperate—you may need court intervention.
Modifying Parenting Plans in California
In California, modifying parenting plans requires demonstrating a change in circumstances that makes the current arrangement no longer in the child’s best interest. For example:
- A parent’s work schedule has changed significantly
- The child has developed new medical or educational needs
- One parent is not complying with the current order
- The child is older, and their needs or preferences have evolved
How to Request a Summer Custody Modification
If you’re hoping to change your custody during school breaks, here’s how to approach it:
1. Review Your Existing Court Order
Before making any decisions or requests, carefully read your current parenting plan. It may already include guidelines for summer that both parents are expected to follow. Ignoring those provisions can result in legal consequences.
2. Communicate With the Other Parent
If your plan allows flexibility, try discussing your proposal directly with the other parent. Clear communication and early planning are key to successful co-parenting during summer vacation.
Put any agreements in writing and have them signed by both parties. If you’re modifying a court-ordered schedule, consider filing a Stipulation and Order with the court to make it enforceable.
3. File a Request for Order (RFO) If Necessary
If the other parent does not agree to your proposed change—or if your existing plan lacks summer provisions—you may need to file a Request for Order (RFO) with the court. This formal process asks the judge to modify your parenting plan.
Your attorney will help you complete the necessary forms, gather evidence, and file the request with the San Diego family court.
4. Attend a Mediation or Court Hearing
In San Diego County, most custody disputes require Child Custody Recommending Counseling (CCRC) before a judge makes a decision. This is a form of court-ordered mediation designed to help parents reach an agreement outside of trial.
If mediation fails or is inappropriate due to conflict or domestic violence, a judge will review your case and issue a new order based on the child’s best interests.
Tips for Co-Parenting During Summer Vacation
Summer schedules require more flexibility and communication than the structured school year. Whether you’re the primary custodian or have shared time, here are some co-parenting strategies to reduce stress:
- Plan Early: Try to finalize summer plans by spring to avoid last-minute conflicts.
- Be Transparent: Share vacation itineraries, contact information, and emergency plans.
- Prioritize the Child: Focus on what creates the most enjoyable and stable experience for your child rather than what feels “fair” to each parent.
- Stick to the Order: Once a schedule is agreed upon or ordered, follow it unless both parents consent to a change in writing.
When to Talk to a San Diego Family Law Attorney
While many parents can resolve minor summer scheduling issues on their own, some cases require legal intervention—especially when:
- The other parent is uncooperative or refuses to negotiate
- Your child’s safety, education, or health is at risk
- You need to enforce or modify an existing order
- Domestic violence or abuse is a factor
Reasons to Choose Mattis Law, A.P.C.
When it comes to parenting, few things are more important than protecting your relationship with your child. At Mattis Law, A.P.C., we believe that family law should be handled with compassion, strategy, and respect for the unique needs of every family.
Amelia Mattis has been recognized as one of San Diego’s Rising Stars by Super Lawyers, and she was also selected as a Top 10 Family Law Attorney by Attorney and Practice Magazine.
With extensive experience in San Diego custody matters—including cases involving summer and holiday disputes—we help clients:
- Understand their legal options
- Build strong cases for modification or enforcement
- Navigate mediation and court hearings
- Prioritize their children’s well-being every step of the way
Speak With an Experienced Child Custody Attorney in San Diego
If you need guidance on modifying parenting plans in California, don’t wait until the last minute. Early legal action can make all the difference in securing the time and structure your family needs. Mattis Law, A.P.C., is here to help you move forward with confidence.
Call (858) 328-4400 to schedule your free consultation today.