When it comes to co-parenting, managing custody during the school year is one thing — but school breaks add a whole new layer of complexity. In a special edition of the Best of Johnston County Podcast, family law attorney Jonathan Breeden and social media coordinator Raena Birch dove into what parents should know about handling custody outside of the holiday season.

Whether you’re dealing with traditional school calendars, year-round tracks, or travel plans, here’s what they shared.

Traditional School Calendars vs. Year-Round Schools

Most parents are familiar with the traditional school calendar: a long 10–12 week summer break, a winter break around Christmas, and a short spring break. In these cases, if parents already share custody week-to-week, summer schedules usually stay the same.

However, if one parent normally has less time with the child during the school year, courts often adjust summer custody to allow for longer visits — commonly awarding five to six weeks to the non-custodial parent. If parents live far apart, the distant parent might receive six to eight weeks during summer, plus additional breaks like every spring break and extra time during Christmas.

Things shift when children attend year-round schools, like many in Wake County. Under a year-round schedule (especially Track 4), students attend for nine weeks, then break for three weeks. Custody during these “track-outs” is typically divided evenly, with each parent getting about half of the break.

Exchanges often happen mid-break, usually on a Wednesday, to keep the days and weekends balanced. Both parents may also be responsible for arranging and potentially splitting the cost of track-out camps for childcare. As Raena emphasized, early planning — starting two to four months ahead — is critical to avoid last-minute disagreements.

Jonathan pointed out that when siblings are on different school calendars, overlaps are rare, making coordination even more important. In these cases, the few weeks where school breaks overlap — often around July 4th — need to be divided thoughtfully to ensure both parents have meaningful time with the child.

What Happens if a Child Switches to a Year-Round School?

Switching to a year-round school doesn’t automatically change a custody schedule. Most judges won’t include an “if this, then that” clause unless the child was already in a year-round school when the case was decided.

Instead, if a child moves to a year-round calendar later, parents must either reach a mutual agreement or return to court to get the custody order modified. Often, a simple adjustment — like agreeing to split the track-outs — can handle the change without major legal intervention, as long as both sides communicate fairly.

Traveling During School Breaks

Yes, parents can absolutely travel with their children during breaks, but communication is key. Most custody orders require parents to inform each other if they are traveling out of state, including where they’ll be, how the child can be reached, and when they’ll return.

In high-conflict cases, court orders might include stricter requirements, like providing notice 7 to 21 days in advance. Passports can also become a point of contention. Jonathan explained that in some high-conflict cases, parenting coordinators hold the child’s passport and only release it shortly before international travel, reclaiming it afterward to prevent disputes.

Dividing Breaks Fairly

Jonathan emphasized that even when custody during the school year isn’t perfectly equal, school breaks should be split as fairly as possible. Summers often follow a week-on, week-off pattern, even if the rest of the year does not.

Flexibility is especially important during unstructured times when families can travel, visit grandparents, or enjoy local activities like museums, parks, trampoline parks, or day trips. Jonathan stressed that these shared experiences often create the lasting memories children treasure into adulthood.

When it comes to shorter breaks:

• Fall Break: Usually a Monday and Tuesday off, providing a long weekend.
  
• Thanksgiving: In North Carolina, kids are typically off Wednesday through Friday.
  
• Spring Break: This varies more widely. Some school districts tie it to Easter, while others, like Wake County, schedule it independently. Because of this, it’s important to look at school calendars (which are released about a year in advance) to plan appropriately.

Jonathan and Raena pointed out that spring break custody should be addressed separately from the regular week-on, week-off schedule, since its timing shifts each year.

What Happens if Parents Disagree?

If parents can’t reach an agreement about custody during school breaks, they have the option to file a custody action and go to court. A judge can decide the matter, although, as Jonathan warned, the judge won’t know the family’s details as well as the parents themselves.

He recommends acting early: filing at least six months before a break to allow enough time for a hearing. In some counties like Wake, it can take up to six months just to get a temporary custody hearing scheduled.

Temporary custody orders issued by the court remain in effect until replaced by permanent orders. If no one requests changes, they can effectively become permanent over time.

Final Thoughts

Managing custody during school breaks may feel overwhelming, but with planning, communication, and a focus on fairness, families can navigate it successfully — and even create some of the most meaningful moments of their children’s lives.

If you have questions about your custody situation, the team at Breeden Law Office is ready to help. Call (919) 661-4970 or visit breedenfirm.com for more information.