Summer usually serves as a welcome break from the school year and a chance for families to enjoy time together. For co-parents, however, planning an out-of-state trip with the children may prompt important legal and logistical considerations.
If you co-parent with your ex and you are heading to a family reunion, a national park or any other kind of out-of-state fun this summer, it is going to be important that you work to ensure that your travel plans align with your parenting agreement and respect your ex’s rights. Otherwise, tension and even conflict could begin brewing.
Making a plan
Indiana parenting plans often feature provisions about vacation time. If your agreement allows each parent to take the children for a certain number of vacation days, make sure your intended trip fits within those parameters. Review your order carefully for specific language regarding notice requirements, geographic limits or other conditions. Some plans may require a certain amount of advance notice—often 30 days—and details about the destination, contact information and travel dates.
Even if your plan does not have detailed travel rules, it is best practice to communicate early and clearly. Sharing travel information with your co-parent can help you both to avoid conflict and doing so demonstrates a cooperative spirit to boot. If you anticipate any disruptions to the other parent’s scheduled time, work together to negotiate makeup days or agree on a solution in writing, otherwise they could try to hold you accountable for a concern that was only agreed to verbally.
If your trip interferes with the other parent’s ability to communicate with the children—due to time zones or lack of connectivity—be sure to arrange reasonable accommodations. Scheduling video calls or check-ins during the trip can go a long way when it comes to serving your child’s interests and keeping the peace with your co-parent.
If your co-parent refuses to consent to reasonable summer travel, you may be able to petition the court for clarification or modification of your current order. Courts generally support vacations that benefit a child, as long as they do not significantly disrupt the other parent’s rights or pose a safety concern.
