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The holidays are a time for family, celebration, and—often—travel. But if you’re co-parenting under a custody order, making holiday plans isn’t always simple. Understanding how holiday travel and custody orders interact is essential to ensure your plans don’t unintentionally lead to legal trouble or conflict with your co-parent.
At Burrows Law Group, we help families in Denton and surrounding areas navigate the complexities of custody agreements, especially during emotionally charged seasons like the holidays. Here's what you need to know when travel meets custody.
1. Always Start with the Court Order
Your custody order is the foundation. Texas family courts often include a Standard Possession Order (SPO), which outlines each parent's rights during holidays. These orders can override regular visitation schedules and typically alternate major holidays like Christmas, Thanksgiving, and spring break each year.
If you’re planning to travel—especially out of state or internationally—it’s important to first review the exact language of your custody order. Some orders explicitly state whether out-of-state or international travel is permitted, and under what conditions.
2. Get Written Consent When Required
Many custody agreements require written consent from the other parent for travel outside of Texas or the U.S. Failing to obtain this consent can result in a violation of your custody order, which may lead to legal penalties or complicate future modifications.
Plan ahead. Open communication is key. Share your itinerary, contact information, and return dates well in advance to build trust and avoid last-minute disputes.
3. Follow Notice Requirements
Most possession orders include notice provisions—such as notifying the other parent of travel plans a certain number of days in advance. Make sure you follow those deadlines closely. This can include:
- Dates and times of departure and return
- Flight or travel information
- Lodging addresses
- Contact information while traveling
Failure to meet these notice requirements can create unnecessary tension—or even lead to legal action if the other parent believes you're violating the order.
4. International Travel Adds Complexity
Planning an international trip? You'll likely need a passport for your child, and that process often requires signatures from both parents if you share joint custody. If your co-parent refuses to sign or you face travel restrictions in the order, you may need court intervention well before your intended departure.
Our attorneys can help you petition the court if necessary, especially in cases where international travel is in the child’s best interest but blocked by lack of consent.
5. Consider a Temporary Modification
If your holiday plans don’t align with the current custody order, you may be able to request a temporary modification through the court. Judges can grant exceptions when they believe the travel is reasonable, safe, and in the child’s best interest.
Don’t wait until the last minute. Courts get busier during the holiday season, and it’s wise to start the process early.
6. Be Flexible and Child-Focused
Above all, prioritize your child’s well-being. The holidays are about creating joyful memories—not engaging in conflict. While the custody order provides structure, flexibility and cooperation between co-parents can go a long way in ensuring a smooth holiday season for everyone involved.
Need Help with Holiday Custody or Travel Issues?
If you're unsure about your rights or need help modifying a custody order to accommodate travel, the family law team at Burrows Law Group is here to help. We’ve guided countless Denton County families through holiday parenting plans, disputes, and travel permissions.
Contact us today at (972) 236-7798 to schedule a consultation and ensure your holiday season stays merry—and legally sound.