With summer right around the corner, many families are likely starting to think about or plan their vacation. Families struggling amid a divorce or currently engaged in a shared custody agreement may also want to consider planning a vacation. However, making vacation plans without first understanding the implications of a shared custody agreement could put a parent in hot water with their separated spouse. Understanding how vacations work under a shared custody agreement could help many families enjoy their vacation plan without too many headaches.
Interfering with a Shared Custody Agreement
Being accused of interfering with a shared custody agreement can have incredibly disastrous implications on a parent’s legal wellbeing. Louisiana has very clear laws regarding interference or unauthorized deviation from a shared custody agreement.
Under Title 14, Section 45.1 of the Louisiana Revised Statutes, penalties of interfering with a shared custody agreement can include a $500 fine, six months imprisonment, and the cost of returning the child to the court’s jurisdiction. This can also hurt a parent’s credibility for shared custody in future legal proceedings.
Parents looking to alter a shared custody agreement arrangement should always communicate with their co-parent, confer with their attorney, and consider their child’s best interests. Even planning an extended vacation without the permission of a co-parent can have a wide range of legal and custodial implications for a parent.
Look to the Custody Agreement for Guidance
Many modern custody agreements have various provisions covering all sorts of areas pertaining to a child’s care, including schedules for holidays and vacations. Typically, these clauses are called standard possession orders (SPO) or parenting plans.
An SPO may include an outline for procedures a parent must undergo to take their child out-of-state or request a more extended period than the child’s weekly schedule. For example, procedures can include the amount of time needed to notify a parent to seek preapproval for an extended vacation or notice for a change in the child’s schedule. Thus, parents should always consult the provisions of their custody agreement before making any decisions.
Shared Custody Tips When Planning a Vacation
Everyone loves a good vacation, and who doesn’t want to spend as much time relaxing on a beach or exploring a new city? However, even if a parent has the time and resources to go on an extended vacation with their child, it may not always be the best decision.
Coparents who have only recently entered into a shared custody agreement may want to avoid disrupting a custody agreement as both parents likely need time to adjust to the new schedule. If this is the case, a parent may want to plan a vacation during their scheduled visitation to avoid significant disruptions—at least at the beginning of a shared custody agreement.
Communication is Key
Custody issues can have significant implications on a family. Some families can amicably come to solutions to many problems and live with the result—others are not so fortunate. Regardless of the situation, families also need time for rest and relaxation, which means making compromises to enjoy life’s simple pleasures.
When determining how a parent can plan an extended vacation for them and their child, the best way to make those plans is to communicate with the other parent. Communication can not only with planning a vacation but can also play a key role in gaining permission from the other parent to approve an extended stay.
Parents seeking approval from a co-parent regarding an extended vacation should consider the following:
- Location of the vacation.
- Length of stay.
- Others are traveling with the child.
- The vacation’s effect on a predetermined visitation schedule.
- Procedures during emergency situations.
- Considerations for that particular child’s unique needs.
Existing Visitation Considerations
Determining a visitation schedule can be like a tug-of-war for many parents. After a seemingly never-ending divorce involving arguments over custody, the last thing a parent wants to do is disrupt their visitation schedule.
Nonetheless, depending on the visitation schedule, a 10-day trip to the Bahamas or a weekend at Disney World can disrupt shared custody of a child. In most cases, parents will have to communicate their desire to deviate from an existing schedule and compromise with the co-parent. This could mean giving up a few extra days later in the month after a vacation or providing the co-parent other holidays throughout the year.
There is no “right” way to devise an alternate visitation schedule when a parent decides to take a child on an extended vacation. However, parents will have to be willing to compromise to develop a solution.
Documenting Changes to a Custody Agreement
Coparents on good terms can usually communicate their wishes and devise a solution to any shared custody agreement. However, even if a shared custody agreement does not require substantial notice of changes to the agreement or modifications in writing, doing so is always a good idea.
Recording changes to a shared custody agreement, even if those changes are only temporary, can prevent miscommunication or future legal disputes. Furthermore, parents looking to travel with children subject to these agreements should provide details of the trip like travel itineraries, copies of visas (if traveling internationally), procedures for emergency situations, and any other relevant documentation to keep the co-parent informed of the child’s care during any out-of-state or international travel.
Getting Lawyers Involved
Unfortunately, some divorces leave co-parents in a never-ending state of hostility with each other, especially regarding the best interest of their child. This can cause various issues to devolve into arguments over incredibly mundane issues involving shared custody. Even minor deviations to a custody agreement can cause a massive issue for some parents–let alone planning an extended vacation.
If this is the case, then co-parents will likely have to contact their lawyer for assistance. Furthermore, courts generally prefer parents to devise solutions involving joint custody but understand when co-parents cannot reconcile differences. Thus, engaging an attorney to review proposals for extended vacations, communicate with the co-parent’s attorney, and even file motions in family court may be a parent’s best and only option.
