Divorced or separated parents generally have to share their parental rights and responsibilities. They are only with the children a portion of the time, and the children are with the other parent the rest of the time. Planning a vacation can be substantially more challenging in a shared custody scenario.
Does a parent getting ready for a trip to Disneyland or to visit family members in Washington need to secure approval from the other parent before their vacation?
Parents usually share legal custody
Divorced or separated parents typically share legal custody. That means they have to agree on major decisions about the children.
Provided that the vacation occurs within one parent’s scheduled time with the children, they likely do not need pre-approval for travel within California. Some parenting plans may include restrictions on out-of-state travel.
Without such restrictions in place, parents can theoretically travel anywhere in the United States with their children without the approval of the other parent. International travel, on the other hand, typically requires the consent of the other parent.
When there are disputes about travel plans, it may be necessary to take the matter back to family court. A judge can decide if the planned vacation is appropriate. In most cases, communicating in advance about travel plans can be beneficial for the stability of the co-parenting relationship but is not strictly necessary to comply with the parenting plan and state statutes.
Learning more about the rules that govern shared custody can help parents make the most of their new family circumstances. Vacations with the children can be an excellent opportunity to bond as long as they do not cause unreasonable conflict and stress.