Now is the time of year when people start planning for the upcoming summer. Short day trips to Boston, catching a baseball game, family reunions and week-long vacations make the summer fly by.
If you’re recently divorced and new to joint custody and co-parenting, you may have questions about traveling out of state or country with your children. While every situation is different, there are some guidelines for all co-parents.
Your custody agreement
Your custody orders will state who has physical custody (where the children will primarily reside) and legal custody (who makes the major decisions for issues such as education and healthcare). It will also state if you have sole or shared custody.
If you have sole physical or legal custody, travel with your children is easier. However, you may still need to obtain permission or inform the other parent. If you and your ex-spouse share custody and want to take your children out of state for a vacation, you will likely need the other parent’s consent before doing so, especially if your travel dates impact their parenting time.
The custody agreements often include a section on vacation travel and state if permission is required. Documentation typically involves:
- Written notice to the other parent containing details about the trip, including the destination, travel dates and contact information.
- Written consent from the other parent.
Coordinating summer schedules is difficult; therefore, beginning planning early and maintaining open communication with the other parent is essential. Early planning shows respect and consideration for the other parent and avoids misunderstandings and potential conflicts. If your vacation infringes on the other parent’s time, you may want to negotiate a makeup parenting time.
If the other parent refuses to grant permission for their children to travel out of state, you may need to go back to court to resolve the issue.