Holiday Travel and Custody: What Georgia Parents Need to Know Before Taking the Kids Out of State

The holidays often mean a break from routine school hours and an opportunity to spend time with family and friends. Getting a vacation is ideal as well. While holiday travel can be beneficial, it can also be stressful when it comes to custody arrangements. By minimizing common custody complications, Georgia parents can avoid costly and frustrating outcomes.

In Georgia, parents must follow specific rules when traveling with children who are under a court-ordered parenting plan. Because of this, advanced communication and court compliance are essential to protecting both parents and children in these legal matters.

If you are traveling with child custody orders in Georgia, let Attorney Sharon Jackson LLC help you minimize the risks you could face in holiday travel and custody situations.

Review Your Parenting Plan Before You Book Holiday Travel

Before anything else, review the rules. Most Georgia parenting plans include holiday custody schedules and travel provisions. That means that the rules are likely already spelled out for you of what is expected.

The most common wording includes, “neither parent shall remove the child from the state without prior written consent.” You should review your own agreement for additional or modified statements. Failure to follow these terms can result in a contempt of court claim, which may put your custody and visitation rights at risk.

Tip: Review not just the Thanksgiving and Christmas clauses that are a part of many parenting agreements. Also, look at all “school break” and “vacation” sections as these can continue additional, critical information.

Do You Need the Other Parent’s Permission?

Parenting plan modifications are often necessary. If your desired outcome is outside of what the parenting plan states, you should seek legal clarification and guidance. Most of the time, you will need to seek permission if:

• You are engaging in out-of-state travel, especially if that involves overnight trips with your child.
• You plan to travel during the other parent’s visitation time, therefore limiting their access to the child.

Permission is not always required. For example, you may not need permission for short trips within the state of Georgia during your scheduled custody time.

It is always a good idea to request parenting plan modifications in advance and to ensure you do so in a clear and polite manner. Remember that written consent, such as a text or email, can be critical for documentation.

You may wish to request a change in the modifications to allow for the travel by giving back something else. For example, you may ask to switch weekends so that the child is at the co-parent’s home when they celebrate.

Send a polite request for travel consent instead of demanding it. The other parent is not legally obligated to provide you with this consent, especially when it does not align with their goals and objectives.

Documentation to Carry While Traveling

Assuming you have done everything properly, you want to provide yourself with ample protection in these cases. One way to do that is to always travel with copies of the following:

• The parenting plan or custody order that you have and that remains in place.
• Written consent in the form of a letter signed or a text message, or court approval if required
• Medical authorization from the child’s doctor indicating they can safely travel
• Emergency contact information about who to call in case there is a concern

This helps airport security, border crossings, and emergency care providers to facilitate the process and minimize costly delays to you.

What If the Other Parent Refuses Permission?

In situations where you are not given outright holiday travel consent by the other parent, you may have some legal options. Ideally, you may wish to try meditation. Most of the time, Georgia courts will encourage this as a first step.

If it is still not working for you and time allows, consider taking legal action. That may include filing a Motion to Modify or Motion for Contempt. There is no guarantee that you will receive these approvals, and if you make requests for unfounded reasons, that can lead to frustrating outcomes.

Avoid unilateral travel. Most of the time, Georgia courts will view that as a negative.

Modifying Custody or Holiday Schedules

There are some situations where you may need to seek modifications to court orders. For example, when situations change, such as when you get a new job or have relatives living out of state, you may want to make more substantial changes. Remarriage is another example.

In these situations, you can petition the court to modify the existing court orders. This is done as a material change in circumstance has occurred. Remember that the court prioritizes the best interests of the child and maintains that child’s stability.

Tips for Smooth Co-Parenting During Holiday Travel

Keep the following in mind:

• Share your identity and contact info early.
• Keep communication respectful and child-focused.
• Encourage virtual contact while traveling, such as using FaceTime, texts, and photos.
• Avoid using travel as a way to control or punish the other parent.

These steps minimize the risk of conflict in most situations.

Learn More About Healthy CoParenting:

• How Co-Parenting Apps Like Our Family Wizard Can Ease Child Custody Tension
• How To Co-Parent During The Holidays
• How An Atlanta Family Lawyer Can Help Your Child Maintain Healthy Parental Relationships

What Happens If You Violate a Custody Order?

If you violate a custody order, you may be found in contempt of court, resulting in fines and, in some cases, a potential impact on your custody arrangement. Courts take unauthorized out-of-state travel seriously, especially if it disrupts the other parent’s time.

When to Call a Georgia Family Lawyer

In the following coparenting and child custody situations, do not hesitate to contact our legal team for help:

• Your ex refuses permission or threatens to withhold the child from you.
• You want to modify the parenting plan to allow more flexible travel.
• You have been accused of violating custody terms and need representation.

Seek Help from Our Legal Team Now

Planning a trip out of Georgia with your child this holiday season? Before you book your flights, make sure your plans comply with your custody order. Attorney Sharon Jackson can help you review your parenting plan and avoid costly mistakes. Contact us today for a confidential consultation.