Summer Possession
What is extended summer possession?
Under the "Standard Possession Order" the non-primary parent has extended summer possession for 30 days (if that parent lives within 100 miles of the child’s primary residence) or for 42 days (if that parent lives more than 100 miles away from the child’s primary residence). NOTE: This extended summer possession MUST be exercised in no more than 2 separate periods of NO LESS THAN 7 CONSECUTIVE DAYS each. This extended summer possession is in addition to the non-primary parent's standard first, third and fifth weekend periods of possession.
There are 2 important deadlines if a parent wants to designate specific visitation periods:
April 1st: Parent without the right to designate the child's primary residence ("non-primary parent")
April 15th: Parent with the right to designate the child's primary residence ("primary parent")
What happens if the non-primary parent forgets to give notice by April 1st?
If the non-primary parent fails to give WRITTEN notice of the extended summer possession dates by April 1, then extended summer possession will begin at 6 pm on July 1 and end a 6 pm on July 31 (June 15th to July 27th for parents who reside more than 100 miles from the child’s primary residence).
Is an email sufficient "written notice"?
Unless otherwise specified in your decree, “written notice” can be an email, a postcard, formal letter, written on a napkin, etc. You get the idea - something that can be shown to the judge, if necessary, and avoid “he said/she said” disputes. Certified Mail with return receipt is always a safe option – you have the signed “green card” as your proof of notice. Keep a copy of your written notice. You may need it if there is any dispute regarding the days the non-primary parent selected for the extended summer possession.
What about the primary parent's rights during extended summer possession?
The parent with the right to designate the child's primary residence can designate 1 weekend during the non-primary parent’s extended summer possession during which that parent will have possession of the child. However, the primary parent MUST give the other parent written notice of their weekend by April 15. If no notice is given, then the non-primary attorney will have uninterrupted period(s) of extended visitation. The primary parent can also, with 14-days written notice, designate a weekend outside the non-primary parent's 30 day summer visitation period. Note: The weekend(s) cannot interfere with Father’s Day (if the father is the non-primary parent) or with the non-primary parent’s extended summer possession.
As always, check the specific language in your divorce decree as it may vary.
