As summer approaches, are you searching for information on dealing with shared parenting disputes or other child custody-related issues? Are you thinking of traveling out of the area, outside of Kentucky, or even to a foreign country with your children to visit friends, family, or grandparents or simply expand their experiences? Do you just want to take a break from the norm and take the kids on a vacation?
The schedule this time of year can be overwhelming. School is coming to an end, and summer sports, camps, daycare, and other extra-curricular activities are presently in the organizational or final planning stages. A busy schedule with your kids can become challenging when balancing this schedule and priorities with your existing child custody, visitation, and parenting time plan. How can this possibly work out?
Most modern child custody and parenting time orders address issues such as interstate or international travel and managing shared activities with the other parent. However, disagreements may arise. Conflicts in the “schedule” may prevent desired vacations or travel. The experienced family law attorneys at Dodd & Dodd can help to evaluate your unique circumstances and provide sound insight and counsel based on your unique situation.
What does your existing parenting plan have to say about these issues? Usually, these orders are quite specific and address many common issues including, but not limited to:
- The need or requirement to seek the written authorization of the Court before interstate or international travel with the child(ren)
- The division of summer vacation time and how the child’s activities are to be supported by each parent
- Changes to or temporary modifications to the schedule to allow for vacations or travel
- How to handle unexpected conflicts, health issues, or scheduling challenges
- The specific rights of each parent
If these issues have not been anticipated and addressed by the existing parenting plan, dealing with shared parenting disputes as summer approaches may require the advice and counsel of a Dodd and Dodd attorney. Have the existing orders clearly addressed each parent’s rights regarding summer vacations and travel? If not, the next question is how amenable is the other parent to your travel plans? If everyone is in agreement (especially when there has been some mutual give and take), it may only require the drafting of an agreement that outlines the specific dates, travel plans, any concerns or limitations, as well as how communications between the child(ren) and the other parent will be maintained while they are away from Louisville.
It is prudent to have the outline signed before a Notary Public and even submitted to the Court for review, modification, and/or approval. It is always in your best interests to make sure you clearly have the right to take your kids away from Louisville, out of state, or outside of the U.S. It is normal for specific types of travel to require advance authorization or approval of the Court before departure.
What should you do if the other parent is not in agreement with your proposed schedule, or worse yet, combative and unreasonable? Dodd & Dodd’s experienced family law attorneys can often guide your discussions or negotiate on your behalf to work out and document an agreement for the summer. Mediation is another effective option in contentious situations to quickly and cost-effectively resolve these types of disputes. If there is substantial disagreement between parents who share custody, the Court will often have to hear the matter and update existing agreements or issue new orders.
Travel with the kids while sharing parenting after a divorce may already be specifically addressed within existing child custody and parenting time orders. Areas of concern or disagreement can often be resolved through conversation, negotiation, and a quick, notarized agreement. In areas where the relationship between the parties is more challenging, the case may require mediation or the attention of the Court and post-decree modification.
Summer vacation and travel plans during shared parenting can require extensive planning, communication, documentation, and, in some cases, mediation or the involvement of the Court. We invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys. Learn more about how we can help to quickly and efficiently resolve shared parenting disputes so that you can enjoy your summer.
