Can My Custody Agreement Affect My Vacation Plans?

Factors to Consider

With summer quickly approaching, many people have begun planning vacations. People who have recently finalized a divorce, however, now have an additional layer of stress added to their planning. Either parent is allowed to take a child on vacation, but there are factors they must consider as they determine where they will be visiting.

Custody Agreement

Divorcees looking to take their children on a vacation must remain in line with their custody and visitation agreements as they figure out where they will be going. Each parent must be able to receive their equal share of time according to the custody agreement, so arrangements need to be made to ensure equality.

For example, in a joint custodial agreement, if a vacationing parent chooses a time that would normally coincide with the co-parent’s visitation time, it is the vacationing parent’s responsibility to work with the other parent to make up this time.

Advanced Notice

As a measure of common courtesy and easier planning, it is important for a parent planning a vacation to give the co-parent as much advance notice as possible of the vacation plans in order to keep that parent in the loop as well as to work out any additional arrangements to make up time. Taking a child on vacation without notifying the other parent can not only be a violation of the custody agreement but can also lead to further legal consequences.

Trickier Situations

There are some scenarios that may lend themselves to further difficult conversations. These situations include out-of-state travel and, in some cases, international vacations. In these situations, the simplest thing to do is to consult the custody and visitation agreements to determine if these types of vacations are allowed. If the custody agreement does not allow or mention out-of-state or international vacations, parents can seek a custody order modification.

Speaking with an attorney can help you understand your rights in the agreements and can make planning a vacation in light of your divorce much simpler. Call Laubacher & Co. today at (440) 336-8687 or contact us online to discuss your case.