Preparing for Spring and Summer Travel During or After Divorce

Taking family vacations during the spring and summer can become a bit more complicated when a couple is going through a divorce. No longer are you planning travel as a whole family, but one parent or the other wants to take the kids out of town, or even out of the country without the other parent participating. This scenario can become even more complicated when you add in one parent’s new significant other or spouse as the family further separates and prepares for travel during or after a divorce.

Many times, parents become territorial over their children following a separation, and children, unfortunately, become a pawn in a game the parents play against each other. This can be detrimental to the goals of everyone involved, but most importantly to the emotional health of the child. Therefore, it’s essential that parents work out their travel arrangements ahead of time, or at least don’t involve the children in any post-divorce dispute.

When preparing for spring and summer travel arrangements during or after divorce, here are some things to consider.

Custody Arrangements

When going through a divorce with children, parents must decide on a custody arrangement. This means that parents either share custody, or one parent has primary custody while the other has visitation rights or a certain percentage of custody. Through a parenting plan, couples must decide how they will organize the care of the children after the divorce is final. Often, this parenting plan will include information on which parents are allowed custody during certain holidays or school breaks. It’s important that both parents involved abide by the restrictions of the parenting plan and custody agreement to avoid any additional legal issues.

If parents cannot agree on which vacation times are assigned to each parent, a judge may have to be the one who decides based on the custody arrangements. Therefore, it’s important that all parents who are going through a divorce consult with an attorney to understand what rights they have when determining custody and vacation time with their kids throughout the year.

Spring and Summer Travel During or After Divorce

Parents should always consult with their custody agreement and the other parent before traveling anywhere with their child during or after divorce, but this is even more important when there is international travel involved. Many parents may find restrictions in travel allowances, and each parent must always abide by the agreement set in place. Additionally, any international travel may require both parents to sign off on documentation, and therefore, both parents must agree to the travel.

The primary custodial parent can ban travel with the other parent and child, which may require the traveling parent to file a motion with the courts. This potential threat to future travel for a parent further highlights the importance of having a qualified family attorney on your side who can help you understand what rights you are entitled to as a parent.

In any situation when a parent is considering travel with the child, the child’s needs and safety should come first. If the child has other obligations at home, is ill, or has work, school, or social engagements, it’s important that the non-custodial parent honor those obligations and not force the child into traveling just to prove a point to the other parent. The child should not be used as a way to assert power or get back at a former spouse. Divorce is not a game to be won, and each parent should absolutely place a priority on the wishes of the child.

If you are going through a divorce and wish to travel with your child this spring or summer, consider obtaining a family attorney to help you navigate any intricacies in your custody agreement or parenting plan. It’s important that there is open dialogue and agreement between former spouses, but it is also essential that you understand your rights as a parent.

 

References:

Retrieved from https://www.hg.org/legal-articles/travel-restrictions-for-parents-and-child-after-a-divorce-47485

Retrieved from https://thespatzlawfirm.wordpress.com/?s=travel

 

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About The Spatz Law Firm Blog

Russell A. Spatz, Esq. has been practicing as a Criminal Defense Lawyer in Miami Dade County for over 35 years. Having served as an Assistant State Attorney and Division Chief to two State Attorneys, Richard E. Gerstein, (1975) and Janet Reno, (1978), Russell A. Spatz, understands the complexities that are involved in defending a criminal case, and how to put his knowledge and experience to work for his clients as their criminal defense lawyer in Miami. Connect with Russell on Google.

Posted on March 12, 2019, in Family Law. Bookmark the permalink. Leave a comment.

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