Spring break, summer vacation and even the winter holidays are times when families travel together. They may take trips to campgrounds or amusement parks. They may visit national monuments or family members. Sometimes, parents may even plan road trips over long weekends when the children don’t have class on Mondays or Fridays.
When parents have divorced or separated and now share custody, travel can become a source of conflict. Generally speaking, parents who share physical custody or parenting time also typically share legal custody or the authority to make decisions about the children.
Can parents who share custody travel out of Pennsylvania with their children?
Pre-approval for travel is sometimes necessary
Every custody order contains unique terms set by a judge or negotiated by the parents. Restrictions on travel are common. Some parents include custody provisions requiring that they receive advance notice of any out-of-state travel.
Without such limitations in a custody order, either parent could potentially take the children to Virginia or New Jersey during their parenting time. In cases where the travel plans require an adjustment of the current custody schedule, communication with the other parent and their prior approval may be necessary. If there is a dispute about the appropriateness of travel or a rescheduling request, parents may need to go back to family court to modify or enforce the existing custody order.
Reviewing the existing custody order can help parents as they plan vacation travels or respond to a scheduling adjustment request. Out-of-state travel is frequently a gray area and could be a source of contention if parents do not address the issue in their custody order.