How to take a vacation when you share custody

In planning any upcoming vacation when you share custody, parents need to check their court orders regarding what they must do to take a vacation with their children. If parents have a good co-parenting relationship with the other parent, then they can communicate the requested vacations with specific details as to where and when. Parents are likely to reach an agreement as to vacation beyond what is listed in the order.

When disagreements arise between parents, it’s crucial to adhere to the requirements of the court orders. This not only ensures legal compliance but also fosters a respectful co-parenting relationship, which is ultimately in the best interest of the children.

1. Start Planning Early

Check the court order for a notice period when parents need to notify the other parent. Many orders will list a thirty-to-forty-five-day notice requirement to provide the other parent for planned vacations. It is better to discuss these trips well in advance of the deadline to minimize any financial repercussions in cancelations of trips due to the children not attending. This notice typically requires travel dates, contact information, flight itinerary, and other trip-specificities as required per the order. Check out this article on navigating summers with joint custody agreements.

2. Check for Restrictions Around Custody and Vacations

Check the court order for any travel restrictions unless written consent is given. Many orders have restrictions on taking the children of the State and/or the United States without written consent of other parent. In addition, some international travel may require parents to have written permission from the other parent to take the child of the country.

3. Navigating Schedules

Some orders provide guidelines for when parents wish to vacation during the same week. These orders list who gets priority based on the year. For example, Mom has priority in even years, and Dad has priority in odd years. This can also be true of holidays in general.

If you need assistance planning schedules for your next vacation, our firm of experienced attorneys is here to help, whether obtaining initial custody orders or modifying prior orders. Contact us to set up your consultation today.

*DISCLAIMER: The contents of this article do not constitute legal advice but should be construed for general informational purposes only.

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