Your Custody Order and Summer Vacations

Weber Gallagher Simpson Stapleton Fires & Newby LLP
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Weber Gallagher Simpson Stapleton Fires & Newby LLP

As the end of the school year arrives and you are ready to make summer plans, now is the time to review your Custody Order about summer vacation details. Most Custody Orders require parents to provide advance written notice regarding summer vacation plans. The notice usually requires the following.

  • Dates of vacation
  • Location, including addresses of hotels or rental homes
  • Contact information
  • All parties attending.
  • If traveling by plane a parent will also need:
    • To provide airline information including flight times and locations.

Parents should also be aware of airline restrictions regarding the age of children who are traveling alone and if you need prior written authorization from the noncustodial parent especially when traveling out of the country. Due to COVID restrictions still in place, testing may be required to travel back into the United States, and this should be taken into consideration when booking your flight. 

Additionally, parents should pay close attention to specific terms regarding how many days a parent may take vacation, whether the vacation must start on the custodial parent’s weekend, whether there may be an adjustment if vacation results in one parent getting three weekends in a row, and whether a vacation falls on the other parent’s holiday.

The best advice is to provide as much advance notice as possible to the noncustodial parent to avoid any disappointments or last minute emergency petitions. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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