Questions & Answers About Child Custody

When parties decide to divorce, they usually have several questions about child custody and how custody and visitation works. Often, the parties are concerned about holidays and birthdays, as each party would like to spend the major holidays with the minor children. Questions are asked during the consultation, or if the parties do not think of the questions during the consultation, the parties ask certain questions upon review of the Petition for Dissolution of Marriage.

What is a Rotating Holiday Schedule?

Rotating holidays provide both parents with time with the minor children on each holiday. A common schedule is based on even and odd years. One parent has Thanksgiving on the odd years, while the other has Christmas or Chanukah (as appropriate) on the odd years. On the even years, the schedule reverses, and the parent that does not have visitation on Thanksgiving on the odd years has it on the even years, and the other parent gets Christmas or Chanukah. Memorial Day and Labor Day are usually paired. Spring break is usually divided in half, with one parent getting the first half on odd years, and the other getting the first half on even years.

How Do We Arrange Summer Vacation?

There are several ways to arrange summer visitation, but the most common way is for each party to have two uninterrupted weeks during the summer. The balance of the summer vacation normally follows the original visitation agreement (i.e., every other weekend, weekly rotating custody). Depending on how much time the minor children have off from school, and the parents' summer schedules, some parties elect for the minor children to spend alternating two weeks with each parent, ensuring that the primary residential care parent has the minor child for the last two weeks prior to the start of school.

Who Pays Medical Expenses for the Minor Children?

The parent who has the best insurance through his job usually carries the insurance on the minor children. Any deductibles and non-covered visits and procedures are averaged and figured into the child support guidelines. If a large medical bill arises, and there are significant co-payments or prescription expenses that were not foreseen, the parties often agree (in the Final Judgment or Settlement Agreement) that they will each pay a percentage of the doctor's bill within 30 days of receipt of a copy of the bill. Both parties must agree to any medical visit or procedure that is elective in nature. The parties also agree to pay their percentage of the cost of the elective visit or procedure. The percentage is outlined in the Final Judgment or the Settlement Agreement.