If you’re divorced or separated from your partner and share custody with them, travel with your child can become complicated. Even if you are the custodial parent, your co-parent still has the right to know about any vacation plans with the child. In some cases, court approval might be required. Although short trips during scheduled parenting time are usually not an issue, a parent is typically required to inform their co-parent about out-of-state and international travel — or obtain permission from a judge.

If your custody agreement impacts vacation plans, here are a few things to keep in mind:

Look to the Custody Agreement

If you are looking to travel with your child, the first step is to look to the provisions in the custody agreement. Pay close attention to any provisions that address travel — as well as any provisions that could be impacted by your traveling with the child, such as timesharing and visitation rights. A custody agreement may specify certain parameters for travel and include notice requirements. If the document is unclear, it’s a good idea to review it with your attorney to ensure you aren’t inadvertently violating a court order.

In the event your custody agreement does not address travel, a parent can typically travel with the child during their regular parenting time, provided it does not interfere with the other parent’s scheduled time. However, for out-of-state or international travel, consent from the other parent or court approval is generally required.

Discuss the Travel with Your Co-Parent

Even if there is nothing prohibiting you from traveling with your child in the custody agreement, it’s a good idea to let your co-parent know about your plans. Being transparent can help to prevent misunderstandings and avoid the potential for conflict. It also shows good faith to the court if a dispute should later arise.

If the planned dates of the trip conflict with the other parent’s time with the child, talk with them to see if a different arrangement can be made. They might agree to additional parenting time the following month to make up for the missed time. Although it might be difficult, healthy communication can make planning vacations much easier and help avoid custody disputes.

Communicate the Itinerary to Your Co-Parent

Beyond simply communicating the desire to travel with your child, a parent should communicate the itinerary, as well as any necessary contact information, to their co-parent. Doing so helps the parent who is not going on the trip still feel connected to the child and builds trust between co-parents. It’s important to share information about the destination, accommodations, means of travel, and the best method of communication should an emergency arise.

Inform the Court

Sometimes, court approval is needed to travel with your child. If you share custody, you may need to obtain permission from a judge to vacation with your child in the following situations:

• The custody agreement does not address travel
• A parent wishes to travel outside the state or country
• The travel will interfere with the other parent’s parenting time
• Your co-parent does not consent to the travel

Without obtaining the required permission, a parent who travels with the child may be in violation of a court order — and held in contempt of court. They may also face criminal charges for kidnapping. It’s best to ensure you follow the proper procedures to avoid any potential issues that could arise.

Seek a Modification When Necessary

If your custody agreement does not allow for travel, or you want to take your child on a vacation and the other parent does not consent, you might consider seeking a custody modification. This can be done by filing a petition for a modification with the court. You will need to provide the reason for the travel and show that it is in the best interests of the child.

Generally, either parent can request a custody modification if there has been a substantial change in circumstances. But it’s essential to understand that it isn’t always necessary to go to court to modify a custody agreement. Mediation can be a useful tool to resolve custody disputes outside the courtroom with less conflict. It can allow both parents to openly share their concerns about any changes to the custody arrangement and find creative solutions that work for the whole family.

Contact an Experienced New York Child Custody Attorney

If your child custody agreement impacts vacation time, it’s vital to have a knowledgeable family law attorney who can advise you regarding your rights and options. At Duke Law Firm, P.C., we provide our clients with reliable representation for a broad scope of family law issues, including those involving child custody matters. Offering compassionate counsel and high-quality legal services, we welcome you to contact us today to schedule a consultation to learn how we can help.