Article Summary
Summer is supposed to be simple — long days, fewer schedules, time for kids to just be kids. But for divorced or separated parents, the shift away from the school-year routine often brings a wave of new conflicts. Who gets the kids on the Fourth of July? What happens when one parent wants to take a two-week vacation? Can a last-minute work schedule change override the parenting agreement?
These disputes are predictable. That also means they’re preventable. A well-drafted summer parenting plan, reviewed or built with a child custody lawyer before summer begins, is the single most effective way to keep conflict out of your summer and keep your focus on your children.
Why Summer Breaks Custody Routines
The structure that holds most parenting plans together is the school calendar. Drop-off and pick-up times, weeknight routines, and alternating weekends all depend on school being in session. When that structure disappears for 10–12 weeks, ambiguity moves in.
Common triggers for summer custody disputes include:
- Vacation conflicts — one parent books a trip without adequate notice
- Childcare gaps — school-year arrangements don’t extend to summer camp or day programs
- Extended family time — out-of-state grandparents, family reunions, and travel requests that weren’t anticipated in the original order
- Work schedule changes — summer hours or seasonal business changes that affect availability
- Communication breakdowns — small misalignments that escalate because neither parent has a clear written fallback
Most of these conflicts aren’t caused by bad intentions. They’re caused by plans that didn’t anticipate summer.
What Should a Summer Parenting Plan Include?
A strong summer custody arrangement addresses the specific situations that the school-year plan leaves open. At minimum, it should cover:
1. Summer schedule and transitions
Define the summer parenting schedule clearly — alternating weeks, extended blocks, or a hybrid split. Specify exact days, times, and locations for transitions. Don’t rely on terms like “reasonable notice” without defining what that means in days.
2. Vacation and travel
Set a minimum notice requirement for vacation requests (30 days is common in Colorado), specify whether the other parent’s consent is required, and address international travel, passport control, and emergency contact protocols.
3. Holiday and special dates
Fourth of July, Labor Day, and other summer holidays should be explicitly assigned or alternated on a defined schedule. If your current order doesn’t address these, summer is the time to fix it.
4. Summer childcare and activities
Who selects and pays for summer programs? Both parents should have input. Address how costs are split and what happens if parents disagree on a particular camp or program.
5. Communication with the other parent
Set expectations for how and when parents communicate about schedule changes, travel updates, and emergency situations. Dedicated co-parenting apps like TalkingParents or OurFamilyWizard can reduce friction and create a documented record that’s admissible in court if needed.
6. Right of first refusal
Many Colorado parenting orders include a right of first refusal — meaning that if one parent can’t care for the children during their parenting time, they must offer that time to the other parent before arranging third-party care. Confirm whether this applies during summer and how long the absence threshold is.
Colorado Law and Summer Parenting Time
Under C.R.S. § 14-10-124, Colorado courts operate under a “best interests of the child” standard. When parents disagree on summer schedules, a judge will look at factors including each parent’s relationship with the child, the ability of both parents to support the child’s relationship with the other parent, and the child’s own preferences (depending on age and maturity).
Colorado does not automatically favor either parent when it comes to summer parenting time. If your original parenting plan was agreed-upon and approved by the court, modifications require either mutual agreement or a showing of a substantial and continuing change in circumstances under C.R.S. § 14-10-129.
That’s why it’s easier, and far less expensive, to address summer proactively with a clear plan than to litigate after a dispute has already started.
When Parents Can’t Agree: What a Child Custody Lawyer Can Do
If you and your co-parent are already at an impasse about summer, or if you want to modify an existing order before Memorial Day, a child custody lawyer can help you:
- Negotiate a summer addendum to your existing parenting plan without going back to court
- Draft a mediated agreement that both parents can sign, making it legally binding
- File a motion to modify if there is a legitimate change in circumstances that warrants court intervention
- Enforce an existing order if the other parent is already in violation of parenting time
At Lewis & Matthews, P.C., we work with Denver parents to resolve custody disagreements efficiently, because the goal isn’t winning a legal argument. It’s giving your kids a summer worth remembering.
Frequently Asked Questions About Summer Parenting Plans
Q: Can I take my child on vacation without the other parent’s permission?
A: It depends on your existing parenting order. Many Colorado orders require advance notice and, for out-of-state or international travel, written consent from the other parent. Review your order and consult a child custody lawyer before booking.
Q: What if the other parent won’t stick to the summer schedule?
A: If a parent violates a court-ordered parenting plan, you can file a motion for enforcement with the court. Document all violations in writing, including dates, times, and the impact on the children. An attorney can help you decide whether enforcement or contempt proceedings are appropriate.
Q: How much notice do I have to give for a summer vacation in Colorado?
A: Colorado law doesn’t set a universal standard — it depends on your specific order. Thirty days written notice is common for extended travel, but review your decree or separation agreement for the exact language.
Q: My kids are teenagers. Do their preferences affect the custody schedule?
A: Yes. Colorado courts consider the preferences of older, mature children when determining parenting time. However, the child’s preference is one factor among many and does not automatically override the existing order.
Q: Can I modify a parenting plan just for the summer?
A: Yes. Parents can agree to a temporary summer modification without changing the underlying order permanently. An attorney can draft a written agreement that both parents sign and submit to the court for approval.
Give Your Kids a Conflict-Free Summer
The best time to address summer parenting plan questions is before summer starts — not after a conflict has already derailed a vacation or put your kids in the middle of an adult disagreement.
If you have questions about your current parenting order, want to draft a summer schedule, or need help resolving a dispute with your co-parent, contact the team at Lewis & Matthews, P.C. We serve families in Denver, Summit County, and Eagle County, Colorado.
Call (303) 329-3802 or contact us online for a confidential consultation.
