Summer Travel and Custody Orders: What Monroe County Parents Must Know Before Taking the Kids Out of State

In Pennsylvania, your child custody order controls summer out-of-state travel. If your custody order is silent, you may be able to travel with your children during your custodial time, though obtaining consent or court approval may be necessary to avoid issues. Federal law requires both parents’ consent to issue a passport to a child under age 16 in most cases. Family law attorney Gary J. Saylor helps Monroe County parents plan ahead.

Planning an out-of-state summer vacation as a divorced or separated parent in Pennsylvania requires a clear understanding of your legal rights and obligations. Taking your children to another state (or another country) when you are not legally allowed to do so can have serious legal consequences, so it is critical to ensure that you are making informed decisions.

This starts with taking a careful look at your child custody order. If your child custody order addresses out-of-state travel, you will generally need to comply with its requirements. If your child custody order does not address out-of-state travel, then you will need to make informed decisions based on a clear understanding of Pennsylvania law.

Does Your Pennsylvania Custody Order Address Out-of-State Summer Travel?

Divorcing and separating parents will often address out-of-state summer travel when developing their child custody orders (or parenting plans). If a judge has signed off on a set of guidelines regarding out-of-state travel, then complying with these guidelines will generally be both necessary and sufficient for meeting parents’ obligations before traveling with their children.

Some examples of common guidelines for out-of-state travel in Pennsylvania child custody orders include:

• Guidelines for providing notice of planned out-of-state travel
• Guidelines for seeking and providing consent to out-of-state travel
• Guidelines regarding travel dates, timing, and scheduling conflicts
• Guidelines regarding communication with the child’s other parent during a trip
• Special guidelines for foreign travel

Again, these are just examples. Some child custody orders will include some (or all) of these guidelines, and some will include different guidelines regarding out-of-state travel. As a result, the key is to review your child custody order to see what it says about traveling with your children out-of-state during summer vacation.

What if your child custody order doesn’t address out-of-state travel?

If your child custody order doesn’t address out-of-state travel, then you generally have the right to travel with your children while they are in your custody. With that said, it may still be prudent to seek your former spouse’s or partner’s consent or seek court approval before making plans. If your former spouse or partner claims that traveling out of state is not in your children’s best interests, this could disrupt your plans—and taking proactive steps to ensure that this doesn’t happen can be well worth it.

Passport Rules When Parents Are Divorced or Separated: What Federal Law Requires

If you are planning to travel not just out of the state, but out of the country, your children will need passports. If your children don’t already have passports, you will need to comply with the federal rules for obtaining child passports when parents are divorced or separated.

Generally, federal law requires both parents’ consent to issue a passport to a child who is under age 16. As the U.S. Department of State’s website explains:

“Both parents or guardians must be present with the child applying in person. If 1 or both parents or guardians cannot be present with the child, they will need to show more documents.”

When parents who share custody are unable (or unwilling) to visit a passport office together, the parent seeking to obtain a passport must provide a notarized Statement of Consent (Form DS-3053). While there are exceptions, these exceptions only apply in limited circumstances. If you need help seeking a child passport, you will want to consult with an experienced Monroe County family law attorney about the options you have available.

What to Do If Your Co-Parent Won’t Consent to Travel

Let’s say you are required to obtain your former spouse’s or partner’s consent before traveling out of state with your children, and let’s say your former spouse or partner refuses to approve your trip. What are your options in this scenario?

Here too, you will want to consult with an experienced Monroe County family law attorney. Depending on the circumstances, you may be able to seek a judge’s approval instead of seeking consent from your former spouse or partner. If warranted, you may also be able to seek a modification of your child custody order that allows you to travel outside of Pennsylvania with your children going forward.

The options you have available depend on the specific circumstances at hand; and, once again, it is critical to ensure that you are making informed decisions. However, one thing is clear: You do not want to violate your child custody order by taking your children out of the state without your former spouse’s or partner’s consent when consent is required.

Adjusting Your Custody Schedule Before the School Year Starts

Another common question we receive this time of year is whether parents can adjust their child custody schedules before the new school year begins. Here too, the answer depends on the circumstances at hand.

As a general rule, Pennsylvania law requires documentation of a substantial change in circumstances to warrant a modification of child custody. Relocation, starting a new job, and starting at a new school are all examples of potential substantial changes—but, again, you will need to discuss your specific circumstances with an experienced family law attorney.

Request a Free Consultation with Monroe County Family Law Attorney Gary J. Saylor

Do you have questions about your legal rights as a parent in Pennsylvania? If so, we strongly encourage you to get in touch. To request a free consultation with experienced Monroe County family law attorney Gary J. Saylor, give us a call at 570-421-5568 or tell us how we can help online today.