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Summer Custody Schedule Florida 2026: Complete Planning Guide for Parents

Learn how Florida summer custody schedules work in 2026. Get tips for planning vacation time, avoiding disputes, and modifying time-sharing arrangements.

February 8, 2026By Antonio G. Jimenez, Esq.

Summer Custody Schedule Florida: What Every Parent Needs to Know in 2026

A summer custody schedule in Florida typically gives the non-primary parent extended time with their children during summer break, often ranging from two to six consecutive weeks depending on your parenting plan. In my experience handling these cases throughout Florida, summer vacation time creates more conflict between co-parents than almost any other custody issue. The good news is that most disputes are preventable with proper planning and clear communication.

Florida law prioritizes frequent and continuing contact with both parents under Florida Statute 61.13. Summer break offers a unique opportunity for the parent with less time during the school year to build deeper connections with their children. Understanding how these schedules work, what your rights are, and how to handle disagreements will make summer 2026 much smoother for everyone involved.

How Florida Standard Summer Vacation Time Works

Most Florida parenting plans include specific provisions for summer vacation time that override the regular weekly schedule. If you have a standard parenting plan or one based on common Florida guidelines, here is what you can typically expect.

The Traditional Summer Split

Under many Florida parenting plans, the non-primary parent receives extended summer time, commonly structured as:

  • Two to four non-consecutive weeks of vacation time
  • One extended block of four to six weeks
  • A 50/50 split of the entire summer break
  • Alternating weeks throughout summer

The specific arrangement depends on what your final judgment or parenting plan states. If your plan does not address summer specifically, the regular time-sharing schedule continues through summer months.

Notice Requirements Are Critical

Florida parenting plans typically require written notice before exercising summer vacation time. Common notice periods include:

  • 30 days before summer begins for the general schedule
  • 45 to 60 days for out-of-state travel
  • Specific dates by April 1st or another designated deadline

Missing these notice deadlines can result in losing your designated summer time. I have seen parents lose weeks of vacation time simply because they failed to provide written notice by the deadline in their parenting plan. Review your specific plan now and mark those deadlines on your calendar for 2026.

Reading Your Parenting Plan: Key Provisions to Understand

Your parenting plan is a legally binding document, and the summer provisions deserve careful attention. Here is what to look for.

First Right of Refusal During Summer

Many plans include a first right of refusal clause requiring you to offer the other parent childcare opportunities before using a third party. During summer, when children may need care during work hours, this provision becomes especially relevant.

For example, if your plan has a four-hour first right of refusal threshold and you need childcare for a full workday during your summer time, you must offer that time to the other parent first.

Travel and Passport Provisions

Summer often means family vacations, and your parenting plan should address:

  • Notification requirements for out-of-state travel
  • Restrictions on international travel
  • Passport possession and consent requirements
  • Contact schedules during extended trips

Under Florida Statute 61.13001, if there is a risk of international abduction, courts can order the passport deposited with the court or restrict travel entirely. If your plan is silent on travel, you should consider seeking a modification of your time-sharing arrangement to add clarity.

Activity and Camp Enrollment

Who decides about summer camps, sports programs, or other activities? Your plan should specify whether one parent has sole decision-making authority for extracurricular activities or whether both must agree. Summer camp enrollment conflicts are increasingly common, especially when activities scheduled by one parent interfere with the other parent's vacation time.

Planning Your 2026 Summer Custody Schedule

Proactive planning prevents most summer custody disputes. Start these steps now.

Step 1: Review Your Parenting Plan Thoroughly

Pull out your final judgment and parenting plan. Look specifically for:

  • Summer vacation time provisions
  • Notice deadlines and requirements
  • Holiday provisions that affect summer (July 4th, Memorial Day, Labor Day)
  • Travel restrictions and notification requirements
  • First right of refusal terms

Step 2: Communicate Early With Your Co-Parent

Even if your plan does not require it, reaching out to your co-parent in February or March about summer plans shows good faith and helps avoid conflicts. Discuss:

  • Preferred vacation weeks for each parent
  • Any known conflicts like weddings, reunions, or work obligations
  • Camp or activity enrollment that affects the schedule
  • Travel plans requiring the other parent's cooperation

Step 3: Document Everything in Writing

Always confirm summer schedule agreements in writing, whether through email, text, or a co-parenting app. This documentation proves invaluable if disputes arise later. Include:

  • Specific dates and times for exchanges
  • Transportation arrangements
  • Contact schedules during extended time
  • Any temporary modifications to the standard plan

Common Summer Custody Disputes and How to Resolve Them

In my experience, certain conflicts arise repeatedly during summer months. Understanding these patterns helps you anticipate and avoid problems.

Dispute: Conflicting Vacation Requests

Both parents want the same weeks, perhaps because of a family reunion or the only time they could get off work. Most parenting plans address this by giving one parent first choice in even years and the other parent first choice in odd years.

If your plan lacks this provision, try negotiating a compromise. Perhaps one parent takes that week this year with a guaranteed same week next year for the other parent. If negotiation fails, a strategy session with an attorney can help you understand your options.

Dispute: Last-Minute Schedule Changes

One parent wants to change the agreed summer schedule after plans are set. Unless both parents agree to the change, the original parenting plan governs. You are not obligated to accommodate changes that disrupt your plans.

However, I always advise clients to consider the request reasonably. Demonstrating flexibility when possible creates goodwill and may help when you need accommodation in the future.

Dispute: Interference With Vacation Time

Sometimes one parent schedules activities during the other parent's summer vacation time without permission. Unless your parenting plan specifically allows this, the parent with scheduled time generally controls how that time is spent.

That said, forcing a child to miss important pre-planned activities like sports tournaments rarely serves the child's best interests. Courts look unfavorably on parents who appear more focused on winning disputes than on their children's wellbeing.

Dispute: Withholding Children or Refusing Exchanges

Refusing to exchange children as scheduled violates your court order. Florida takes time-sharing violations seriously under Florida Statute 61.13(4)(c)(1), which requires courts to consider parental compliance when making custody determinations.

If the other parent refuses to honor the summer schedule, document the violation and contact an attorney. Courts can hold violating parents in contempt and may modify custody based on patterns of interference.

When Summer Custody Issues Require Court Intervention

Some situations require legal action rather than negotiation. Consider seeking court assistance when:

  • The other parent repeatedly violates the summer schedule
  • There are safety concerns during extended time with the other parent
  • Your parenting plan lacks clear summer provisions and the parties cannot agree
  • The other parent plans to relocate with the children
  • International travel raises abduction concerns

Depending on the urgency, you may need to file a motion for contempt, a motion to modify time-sharing, or even seek emergency relief. A consultation with a Florida family law attorney can help you determine the appropriate approach.

Modifying Your Summer Custody Schedule

Circumstances change. Perhaps your work schedule shifted, your child's needs evolved, or the current summer arrangement simply does not work anymore. Florida allows modification of time-sharing when there is a substantial change in circumstances and the modification serves the child's best interests.

What Qualifies as a Substantial Change

Courts have found substantial changes in situations involving:

  • A parent's relocation affecting practical exercise of time-sharing
  • Significant changes in work schedules
  • Children's changing needs as they age
  • One parent's failure to exercise their time-sharing
  • Safety concerns that have emerged since the original order

The Modification Process

To modify your summer custody schedule, you must file a supplemental petition for modification with the court that entered your original order. The process involves:

Filing the petition with specific allegations about changed circumstances
Serving the other parent
Attending mediation in most cases
A hearing if mediation does not resolve the dispute

For straightforward modifications where both parents agree, an uncontested modification may be possible, saving significant time and expense.

Special Considerations for 2026 Summer Planning

School Calendar Variations

Florida school districts have different calendars, and summer break dates vary. Verify your specific school district's 2026 calendar when planning. If your children attend different schools with different schedules, your plan should address which calendar controls.

Supervised Visitation During Summer

If your custody arrangement includes supervised visitation requirements, summer creates logistical challenges. Extended time may not be possible if supervision must occur at a monitored facility with limited hours. Discuss summer arrangements with your supervisor or supervision provider early.

Guardian ad Litem Involvement

If a guardian ad litem was involved in your case, they may need to weigh in on disputed summer arrangements. Their recommendation carries significant weight with the court, so keep them informed of any developing conflicts.

Tips for Making Summer Custody Transitions Easier on Children

Beyond the legal requirements, your children's emotional wellbeing during summer transitions matters. Consider these approaches:

  • Maintain consistent routines at both homes when possible
  • Allow children to bring comfort items between homes
  • Establish a reliable communication schedule during extended time away
  • Avoid scheduling transitions during emotionally charged times
  • Never put children in the middle of parental disputes

Children benefit from positive summer experiences with both parents. When you focus on their needs rather than winning disputes with your co-parent, summer becomes an opportunity rather than a battleground.

Working With Divorce.law on Summer Custody Issues

Whether you need help interpreting your current parenting plan, negotiating summer arrangements, or modifying your custody order, we offer flexible options to meet your needs. Our unbundled legal services allow you to get help with specific issues without committing to full representation.

A strategy session can help you understand your rights and develop a plan for addressing summer custody concerns. If you need document preparation or representation for a modification, we can discuss those options as well.

Final Thoughts on Summer Custody Scheduling

Successful summer custody arrangements require clear plans, proactive communication, and flexibility. Review your parenting plan now, communicate early with your co-parent, and address potential conflicts before they escalate.

When disputes do arise, understanding your legal rights and options helps you respond appropriately. Some conflicts resolve through negotiation, while others require court intervention. Knowing the difference saves time, money, and emotional energy.

Summer 2026 can be a time of positive memories for your children with both parents. With proper planning and the right approach to co-parenting, you can make that happen.

This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.

Related Topics

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About the Author

Antonio G. Jimenez, Esq.

Florida Bar #21022 · 20+ Years Experience · LL.M. Trial Advocacy

Antonio is the founder of Divorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.

Have questions? Ask Victoria AI

Frequently Asked Questions

Can I take my child out of Florida during my summer vacation time?

Generally yes, unless your parenting plan specifically restricts out-of-state travel. Most plans require advance written notice, typically 7 to 14 days, including your destination, travel dates, and contact information. Review your specific parenting plan for exact requirements. International travel may have additional restrictions and typically requires either written consent from the other parent or court authorization.

What happens if my ex refuses to return the children after their summer vacation time ends?

Document the violation immediately by noting the date, time, and circumstances. Contact your ex in writing demanding immediate return of the children. If they still refuse, you can file an emergency motion with the court and contact law enforcement with your custody order. Florida Statute 61.13(4)(c) requires courts to consider time-sharing violations when making custody determinations, so repeated violations can affect future custody arrangements.

Can summer camps or activities scheduled by one parent override the other parent's vacation time?

Not without agreement. The parent with scheduled vacation time generally controls how that time is spent. However, courts expect parents to act in children's best interests. If your child was already committed to a camp or tournament before vacation dates were set, work with your co-parent to find a solution. Judges view parents who prioritize cooperation more favorably than those who insist on technicalities at the expense of children's activities.

How do Florida courts split summer vacation when parents live in different states?

Courts typically award the out-of-state parent more extended summer time to make long-distance travel worthwhile, often four to eight consecutive weeks. The schedule usually accounts for school calendars, travel logistics, and the child's age. Transportation costs are commonly split between parents or allocated based on income. If you are facing a long-distance custody situation, your parenting plan should specifically address summer arrangements, travel responsibilities, and communication schedules during extended time.

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