How Can Custody Agreements in Texas Affect Vacation Plans?

Divorce and custody agreements can have a significant impact on the amount of time parents get to spend with their children, including during holidays and vacations. Where once you could freely plan a summer vacation or a winter holiday with your children, with a custodial agreement in place there are many things you need to consider beforehand. This is not to say that having vacations with your children is no longer possible, but divorce and custody agreements do make it more complicated. It’s essential to understand how custody agreements in Texas can affect your vacation plans, and what planning is necessary to help you maximize your time with your children.

Standard Possession Orders and How They Affect Holiday Travel

In Texas, custody agreements are typically based on standard possession orders (SPOs). These orders outline when each parent has the right to spend time with their children, including during holidays and vacations. According to Texas law, the SPO typically grants the non-custodial parent (i.e., the parent who does not designate the primary residence of the child) possession of the child on specific weekends, as well as certain holidays throughout the year. The specific holiday schedules can vary based on individual circumstances and agreements but usually do include at a minimum Thanksgiving, Christmas, Spring Break, Mother’s Day, Father’s Day and some time for the Child’s Birthday. Thanksgiving, Christmas and Spring Break typically alternate years, giving both parents some holiday(s) within any given year. 

The parent who has possession of the child during any given day, weekend or specific holiday has the right to travel with the child, including taking the child on vacation during that time, as long as they comply with the terms of the Possession Order. Notice is not typically required if the parent plans to take the child out of the state; however, it is good practice to let the other parent know when and where you will be going with your child.  Hopefully, the other parent will be willing to reciprocate, as parents usually appreciate knowing when their child will be away.  If the child will be taken out of the country, written permission of the other parent is required; if only one parent is traveling with a child, a letter from the other parent giving permission is often requested by border immigration control officers to ensure a kidnapping is not taking place. We’ve included the notice that is commonly given when traveling out of the country, as well as the consent form that is signed by the non traveling parent.  

Parents also need to double check whether their custody agreements include passport provisions. Passport provisions generally state whether both parents are required to give consent for the child to obtain a passport, which parent has the right to maintain the passport, and the conditions for exchanging the passport when proper notice is given.  

Resources for Parents with Children Travelling Outside of the US

Can Vacations Be Pre-determined in the Custody Plan?

Yes, it is possible for parents to include pre-determined vacation schedules in their custody agreements. 

Can You Still Take a Child on a Long-term Vacation?

Most parents are able to enjoy a long-term vacation with their child, but it’s important to make sure you are familiar with the terms set forth in your order, and that you comply with any notice provisions.  For example, most custody agreements will include dates by which notice of extended summer possession periods need to be given.  Under the SPO, the non-custodial parent is required to give notice by April 1 each year of his or her extended period of possession.  Without notice, that parent may have a default period of possession (e.g., the month of July), or no extended period of possession.  The custodial parent must usually give notice by April 15.  Again, you need to check the specific terms of your order to make sure you are complying with the notice provisions.  

If you can anticipate a recurring vacation, it’s best to include that in your custody agreement. For example, if the family of one parent has a tradition of taking a two-week summer vacation every year, they can include that in their custody agreement. This can help avoid conflicts and ensure that family traditions and routines continue. Typically, additional make-up time is given to the other parent to compensate and keep things equitable.

Parents need flexibility when it comes to spending time with their children, and a SPO provides for parties to alter the schedule when they are both in agreement with the changes.  However, if the parents are not able to agree on any variations from the schedule, then the schedule will control.  Any deviation from the schedule set forth in the custody agreement should be documented in writing to protect both parties.  If you want to take your child on a two-week trip during the summer and it is not included in the current custody agreement, you would need to provide the other parent with advance notice of the dates and the itinerary and request an agreement (in writing) to deviate from the current orders. You would also need to open to giving the other parent make-up time, if your proposed trip interferes with the other parent’s possession. If the other parent does not agree to the change you are proposing to the schedule, then you will not be allowed to travel with your child during those times.  

Collaborate with Your Co-parent for a hassle-free vacation

Planning a vacation with your children can be an exciting and fulfilling experience, and is important to continue family bonding. However, if you’re divorced and/or have a custody agreement, you need to make sure you will have the right to possession of your child during that time. And, even though you may not legally be required to do so, informing your ex-spouse of your upland will usually help strengthen your co-parenting relationship. What you do on your time is up to you – but keeping the other parent informed is a good practice, and hopefully one that will be reciprocated.

Whether you’re planning a summer getaway, a domestic trip, or an international vacation, communication is key to protecting yourself. Some details that you should share with your co-parent to ensure everyone is well-informed and safe:

• Destination (domestic or international)
• Mode of transportation (driving, flying, or by train), including flight numbers, etc.
• Stops along the way (if taking a long road trip)
• Departure and arrival dates (exact dates)
• Accommodation information, including address and phone number
• Contact information for all adults on the trip, including email and phone number
• Emergency contact information, including email and phone number

Sharing this information is not about control, intrusion in your life, or micro-managing but rather about preparing for unforeseen circumstances. The other parent should be able to contact you or your child in case of an emergency, such as a car accident or other unexpected events. You probably want to know this information yourself if the other parent travels with your children. In most cases, this information may be required by the court for international travel.

Moreover, clear communication between parents ensures that the children will have the support they need from both parents. Collaborating with your co-parent displays mature communication skills that serve as a model for your children and reduces the stress placed on them. When parents establish and display cooperation, it creates a sense of security for the children in knowing they are loved by both parents, which allows them to fully enjoy their time with each parent.

Get Sound Legal Advice Regarding Custody Agreements

Sharing time with your children can be stressful, and can become even more problematic and problematic when custody disagreements arise. If you have any questions or concerns about how custody agreements in Texas may affect your vacation plans, don’t hesitate to contact us for legal advice and assistance. Remember, it’s essential to follow the terms of your custody agreement and notify the other parent in advance in writing of any vacation plans to ensure that everyone’s rights and interests are protected. 

At Hargrave Family Law, we know how important it is for parents to spend quality time with their children. We also understand how difficult it can be to take on the challenges that come with co parenting and custody agreements. We are here for you and will support you and your family, making sure to put your family first at all times.

If you have any questions about how your custody agreement may affect your vacation plans, we’re here to help. Contact us to find out how we can help.