During summer break, many parents with custody orders in Colorado find themselves wondering about the legal requirements and considerations for traveling with their children. At Johnson Law Group, we often receive questions from parents about whether they need permission from the other parent to take their children on vacation, what steps they should follow, and how to ensure they comply with their custody orders. This blog post aims to educate Colorado residents on these significant issues and provide guidance for making travel plans that respect legal obligations and prioritize the children's best interests.
Understanding Your Custody Orders 
The first and most crucial step for any parent planning to travel with their children is to review their custody orders thoroughly. Custody orders are legal documents issued by the court that outline the specific terms and conditions regarding custody and visitation. These orders are designed to protect both parents' rights and the children's well-being, so it's essential to follow them closely.
In general, custody orders specify whether one parent needs the other's permission to travel with the children, particularly for out-of-state or international trips. While each case is unique, some general principles usually apply.
In-State Travel
If you are planning to travel within the state of Colorado, you typically do not need to seek permission from the other parent. Most custody orders do not require notification or consent for in-state travel during the summer or different times of the year. However, keeping the other parent informed about your travel plans is always a good practice. That said, if the in-state trip will affect the other parent's regular visitation schedule with the children, you most likely need their permission for any visitation they would miss.
Out-of-State Travel
For out-of-state travel, the requirements can vary. While you may not need explicit permission from the other parent, most custody orders require that you provide notice of your travel plans. This notice should be given well in advance—often a few days to several weeks before your departure date. The purpose of this notice is to inform the other parent about where the children will be and how they can be contacted.
The notice should include key details such as:
- The destination and itinerary
- Dates of departure and return
- Contact information for where you will be staying
- Contact information for a third party (if required) who can reach you in case of an emergency
By providing this information, you demonstrate your commitment to co-parenting and maintaining open communication, which can help prevent conflicts and misunderstandings.
International Travel
International travel introduces additional complexities. If your custody orders do not explicitly address international travel, it is crucial to err on the side of caution. Johnson Law Group strongly recommends you notify the other parent about your international travel plans as soon as possible. This notice should include all relevant details, such as the destination, travel dates, accommodation information, and emergency contact details.
In some cases, your custody orders might require explicit permission from the other parent or even a court order for international travel. This is particularly true if one parent objects to the travel plans. To avoid legal complications, it's advisable to consult with an experienced family law attorney at Johnson Law Group before making any international travel arrangements.
Deciding Who Gets to Choose Travel Dates First
One common source of conflict among co-parents is deciding who chooses vacation dates first. When both parents have specific dates in mind, conflicts can arise. Some custody orders include provisions for resolving these conflicts, often by alternating the right to choose first. For example, one parent may have the right to pick vacation dates first in odd-numbered years, while the other parent gets to pick first in even-numbered years. This arrangement ensures fairness and gives each parent the opportunity to plan ahead.
Suppose your custody order does not specify how to handle this situation. In that case, it may be beneficial to negotiate an agreement with the other parent or seek mediation to find a mutually agreeable solution. By having a clear plan in place, parents can avoid disputes and ensure that vacation plans respect both parents' time with their children.
Ensuring Smooth Co-Parenting During Travel
Successful co-parenting during travel involves more than just following legal guidelines. Here are additional considerations to keep in mind:
- Document Everything: Keep records of your communications with the other parent regarding travel plans. This documentation can be valuable if any disputes arise.
- Respect the Other Parent's Time: If the travel plans overlap with the other parent's visitation time, consider offering make-up time to show fairness and respect.
- Share Travel Itinerary with the Children: If age-appropriate, involve the children in travel planning. Let them know the itinerary to ease any anxiety they might have about the trip.
- Emergency Preparedness: Ensure your children know how to contact both parents during the trip. Have a plan for emergencies and discuss it with the children beforehand.
- Open Dialogue Post-Travel: After the trip, have an open discussion with the other parent about how the travel went. Share any significant events or changes in the child's routine.
- Consult an Attorney: If you have any questions or concerns about traveling with your children, we recommend consulting with a family law attorney.
Johnson Law Group: Your Trusted Family Law Attorneys
Traveling with children during the summer or any other time of year requires careful consideration of custody orders and legal obligations. By understanding and following these guidelines, parents can enjoy their vacations while ensuring they remain compliant with the law and respect the other parent's rights.
If you have any questions about child custody and travel plans, don't hesitate to contact Johnson Law Group. Our experienced Colorado family law attorneys are here to provide you with the guidance and support you need. Call us at (720) 744-3513 to schedule a FREE consultation today to discuss your unique situation and ensure a smooth and relaxing travel experience for you and your children.
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