According to the Institute for Family Studies, children often learn to collaborate and communicate more effectively during vacations. A trip to a faraway, exciting location can encourage the entire family to work as a team, strengthening bonds and creating lasting memories. However, traveling with children may be more challenging for parents who share custody. While vacations are still possible in this scenario, parents need to approach these plans carefully and avoid potentially serious legal mistakes. A consultation with a family law attorney in Tennessee, South Carolina, or North Carolina could be a positive choice before planning a vacation. These legal professionals can warn parents about common issues while traveling with shared custody, and they may aid with the legal considerations of the vacation planning process. To discuss vacation plans in more detail, consider contacting King Law Offices at (888) 748-KING. We maintain North Carolina offices in Forsyth County, Mecklenburg County, Haywood County, and Watauga County. Parents in Tennessee can visit our Washington County offices, and we serve South Carolina parents in York County.
Always Consider Your Custody Rights Before Vacations
Parents should carefully review the details of their custody rights before going on vacation. Generally speaking, a parent can only take their children on vacation without notifying the other parent if they have sole legal and physical custody. This type of arrangement is quite rare, and most parents share both legal and physical custody. If a parent has shared legal custody, they are not allowed to make major decisions without the approval of the other parent. This includes vacations and travel plans. In this situation, it makes sense to consult with the other parent before even planning vacations or travels. A parent with shared legal custody must get permission from the other parent before leaving the country or the state.
A parent must also consider their physical custody before planning vacations. Many parenting schedules enforce fairly regular exchanges, and this may conflict with planned vacations. For example, a parent might have custody of their children over the weekends while the other parent has custody over the rest of the weekdays. In this situation, a parent who plans a two-week vacation would need to break the normal parenting schedule. Not only would this require permission from the other parent, but it might also lead to an adjusted schedule after the vacation. For example, the parent who stays home may request more time with their children in order to make up for the time they missed during the two-week vacation.
Understand the Potential for Criminal Charges
Parents should also know that if they take their children out of the state or country without taking the proper legal steps, they may face criminal charges. Authorities in South Carolina, Tennessee, and North Carolina may view this as kidnapping, which is a serious felony. Even if a parent is biologically related to a child, taking them across state lines could be illegal. This might seem like an unreasonable violation of parental rights. However, it is important to remember that many parents have taken their children out of the country – and some of these people have never returned to the United States. This type of crime leaves the remaining parent without their children, and the resulting trauma can be life-altering. As a result, authorities take a very strict stance against this type of behavior. For example, parental kidnapping can be a Class E felony under Section 39-13-306 in Tennessee, leading to a potential prison sentence of up to six years.
Parents who want to avoid kidnapping charges should avoid impromptu trips out of the state at all costs. This does not necessarily prevent spur-of-the-moment trips, as parents may take their children anywhere within their home jurisdiction over the course of a few days. For example, a parent might take their child camping at a local national park over the weekend with no consequences. That said, it is still worth notifying the other parent before all trips as an act of common courtesy. Those who wish to go on weekend trips with their children may want to contact King Law Offices – even if they plan to remain within the state.
Review the Terms of Your Custody Agreement
Many parents agree on how to handle vacation-related issues ahead of time. They can do this through alternative dispute resolution (ADR) while creating a co-parenting plan during divorce. This process allows parents to avoid stressful, time-consuming, and expensive trials, and examples include mediation, arbitration, and collaborative law. Parents approaching divorce might want to agree upon how to handle vacations through these ADR processes. For example, they might agree that each parent should get one two-week vacation per year. They might also agree that each parent must provide one month of prior warning before going on vacation with the children. ADR can be extremely flexible, giving parents plenty of freedom on how to approach future trips.
Parents who handled child custody through mediation or collaborative law may need to refer back to the exact wording of their agreement before planning vacations. However, existing parenting plans may not yet contain the necessary terms and conditions regarding vacations. With help from a child custody lawyer, it may be possible to modify this agreement and add the necessary guidelines – making future vacations easier to plan and organize.
King Law Offices Can Shed More Light On Child Custody Issues
While parents may face various issues during vacations, this is only one example of a potential child custody dispute in North Carolina, Tennessee, or South Carolina. Shared custody can lead to many other challenging situations involving not only physical custody, but also legal custody. For example, parents might disagree on educational or healthcare decisions for their children. They might also disagree on where the child should spend Christmas and other holidays. Experienced child custody attorneys may be able to guide parents through these various disputes, reducing family tensions in the future. To discuss the details of the upcoming vacation, consider contacting King Law Offices at (888) 748-KING. We serve North Carolina residents at our offices in Winston-Salem, Charlotte/Cornelius, Waynesville, and Boone. South Carolina residents can visit us at our offices in Rock Hill, and we serve Tennessee residents in Johnson City.