Many working professionals, business owners, and creatives are frequent travelers as well as dedicated parents. For those going through a divorce, a traditional parenting schedule may not be realistic when forming a custody plan.
When addressing child custody and traveling, parents must build an agreement that accounts for work obligations, summer vacation plans, and unexpected changes to travel plans. The impact of custody arrangements on travel plans highlights the importance of committing to effective co-parenting. The goal is to create a parenting plan that allows both the traveling parent and non traveling parent to maintain consistent involvement. A Kansas City child custody lawyer from Joseph, Hollander & Craft can help structure a plan that optimizes flexibility while supporting the child’s best interests.
Key Takeaways
- Parenting plans for frequent travelers should prioritize flexibility while preserving consistency for the child, often through rotating schedules, makeup parenting time, and clear travel-related provisions.
- Travel plans and custody arrangements should be documented carefully, including notice requirements, itineraries, communication expectations, and consent rules for interstate or international travel.
- A well-structured parenting plan can reduce conflict and prevent future legal issues, especially when travel schedules, relocations, or changing work obligations affect parenting time and custody responsibilities.
How Can Parenting Plans Account for Frequent Travel?
Missouri presumes a 50/50 custody arrangement is in the best interests of most children, except in cases where the court is persuaded otherwise. (Kansas has no statutory presumption, but maintaining regular contact with both parents is often deemed to serve the child’s best interests.) In the interests of preserving a shared lifestyle, you will be asked to enter into a parenting plan with your ex-spouse. Parenting plans should account for a travel-heavy lifestyle while minimizing disruptions to your child’s life. When one or both parents travel for work or family commitments, it is important to ensure that this does not mean missing out on milestones or shared time with a child.
One common question parents face is how to structure this 50/50 time. When one parent has an irregular schedule, it is not usually realistic for them to take on rigid weekly responsibilities, even if their child’s life is more structured. In these cases, it may be useful to discuss shared percentages of time, instead of split weekly schedules.
Major decisions, such as travel or vacations, often require both parents to refer to the custody agreement and consult each other to ensure compliance and avoid conflicts. Understanding whether your child custody plan involves shared residency or simply decision making is critical to ensuring that you know your full rights and abilities as a parent after a Kansas City divorce.
How Flexible Can a Parenting Time Schedule Really Be?
There are opportunities for flexibility within a child’s fixed schedule, if both parents are willing to work to find it. Flexibility becomes even more important when parents are planning summer vacations, coordinating summer travel, or managing travel dates that may change. A well-drafted plan should anticipate interstate travel, trips across state lines, and even international travel, while maintaining structure for the child. Parents should also prepare for potential issues by having a reference point, such as documented agreements, which can help resolve disputes if they arise.
Some examples include:
Rotating or adjusted parenting time
Rotating schedules allow for a child to effectively live with both parents in different configurations. Rotating schedules are often best for parents who both prioritize getting to be present for everyday milestones, and who are seeking to share common responsibilities. When both parents are frequent travelers, a rotating or adjusted parenting time schedule can also allow both parents the freedom to meet their own commitments.
Some examples of rotating schedules for Kansas City parents with joint custody include:
- 2-2-3 Rotation: Say you have a 50/50 custody split with your ex-spouse. Your child will spend 2 days with you before moving to the other household for the next 2 days. They then will return for the end of the week to your household. The next week will be a swap, with the other parent taking the additional time. While 2-2-3 rotations involve plenty of moving parts, they are sometimes an option for parents who want to ensure frequent contact with their children during the everyday business of parenting. 2-2-3 rotations tend to be best for parents who live nearby each other.
- 3-4-4-3 Schedule: In this setup, parents can alternate three and four day blocks of time, minimizing exchange time.
- Week-on/Week-off, or 7/7: In this setup, children will change households every week. 7/7 setups are often best for older children who have more agency in their travel.
- 4-3 Schedule (60/40): One parent might take care of a child for most of the school week, while the other parent might cover the weekends. This can be rotated to adapt for parents with non-traditional work weeks, or who often need to travel over long weekends for work or personal reasons.
In some cases, a plan may require permission or written consent from the other parent before confirming certain travel plans, particularly when those plans involve extended time away or crossing jurisdictional boundaries.
Provisions allowing schedule adjustments when travel arises
Schedule adjustments are a necessary component of most parenting plans when one parent is a frequent traveler. There are many reasons why a frequent traveler might need to ask for additional flexibility from their co-parent. Just some reasons include international travel restrictions, TSA delays, rescheduled flights, and shifting work requirements. “First right of refusal” can allow parents the option to have parenting time on available days before the other parent makes plans for alternative child care.
Planning around recurring travel patterns
Monthly or seasonal trips create an opportunity for consistency in a parenting plan. If one parent knows they must spend one season of the year in a different county, state, or country then they can ask to address that directly in a parenting plan. A Kansas City custody lawyer can help you negotiate these travel-related custody challenges to ensure that you do not miss out on time with your child when you are available to have it.
Makeup Parenting Time for Missed Travel Periods
Makeup parenting time is not a legal right unless it is specified in a parenting plan approved by the family law court. This is critical for frequent travelers to realize. While you may assume that an ex-spouse will attempt to accommodate you as a co-parent, all too often this is not the case. Your summer travel needs, changed flights, or delayed layovers can easily add up and turn into missed opportunities to stay in your child’s life unless you specify makeup parenting time in the written plan. You may need to set reasonable limits, such as “one makeup weekend a month” as an option, but failing to communicate around makeup parenting time in advance is leaving too much up to chance and your ex-spouse’s goodwill.
Communication and Virtual Parenting Time During Travel
Virtual parenting time is an option that allows for you to remain present during travel periods. You may wish to specify elements such as a private space for your child to take video calls with you, or try to create stability by setting up a time in advance when you will call that fits into your child and co-parent’s schedule.
It can be helpful to document all communication regarding travel plans and custody arrangements through texts, emails, and co-parenting apps to maintain a clear record of agreements. Sharing a detailed itinerary with the co-parent fosters trust and helps ensure the trip runs smoothly.
Travel Notice Requirements and Scheduling Coordination
Both Kansas and Missouri state law require parents to give travel notice requirements in writing to co-parents after a divorce. Providing travel itineraries and maintaining open communication can reduce disputes and help both parents stay aligned. In addition to providing travel itineraries, parents should carry all legally required documents, such as notarized consent letters, custody orders, and birth certificates, and provide detailed itineraries including dates, locations, and contact information. Notifying the other parent in writing before taking a child on vacation is often required by custody agreements. Creating a checklist of necessary travel documents can help reduce stress and ensure compliance during travel.
Staying in clear communication with your co-parent regarding out of state travel is also important in order to avoid being held in contempt of court.
Missouri Travel Notice Requirements
A parent who is relocating out of state and intends to bring their child for a period of over 90 days must provide written notice via certified mail at least 60 days prior. The notice must include the new address, the date of the move, and the reason.
You may also need to notify a co-parent before taking a trip out of state or out of the country. The details of your parenting plan should specify how your co-parent wishes to be notified as well as how far in advance they will need to be told.
Kansas Travel Notice Requirements
Kansas City parents who file for divorce under Kansas state law are governed by K.S.A. 23-3222 regarding travel and relocation notice. Under Kansas statute, a co-parent must provide written notice 30 days prior to changing a child’s residence or bringing a child out of state for more than 90 days.
Traveling With Children Under a Parenting Plan
Traveling with children can be a meaningful way to build a bond when one parent has a second home or changing schedule; how your child will travel, what kinds of supervision are acceptable, and other logistics should always be discussed in advance with your co-parent and included in the child custody plan. Consider laying out details such as public transit vs. rideshare use, airport pickup vs. accompanied flights, and other areas of possible contention with a co-parent in advance as part of your overall plan.
Parents should also be aware that failure to follow a custody agreement when traveling can raise concerns about parental kidnapping, especially if a child is taken out of state without proper notice or consent. Clear expectations within the parenting plan help avoid these risks.
International Travel and Passport Requirements
You may need to include provisions regarding your child’s passport, ID documents, and more. Both parents should have access to a child’s passport when both are frequent travelers. It may make sense to have a shared safety deposit box or other centralized location where these documents will be kept, as opposed to in one household.
When Parenting Plans May Need Modification
Even the most flexible scheduling solutions sometimes need adjustments. After a divorce is finalized, modifying a parenting plan in Kansas City requires a formal court action. You must document a substantial change in circumstances that makes the modification both necessary and in your child’s best interests; it helps when both parents agree.
Most parents with a need to modify a parenting plan work with a Kansas City custody lawyer to file the motion, inform their co-parent within the legal groundwork required, and present their claim at a hearing. A judge will need to agree to modify a parenting plan, and may question how you will accommodate your child’s needs with the change. If a parent makes unauthorized modifications or violates a court order, the result can be serious; a judge can order the immediate return of the child or change the custody arrangements. Additionally, traveling or moving out of state does not automatically change which court has authority to modify custody orders, as the UCCJEA establishes that the “home state” retains jurisdiction over custody disputes regarding children.
Creating Parenting Plans in Kansas City That Reflect Real Schedules
Parents’ professional schedules, second homes, and extended travel are all opportunities for a child to experience more doors being opened for them in their lifetime. However, when a parenting plan does not reflect a parent’s realities, it can create a situation where their connection with their child is set up to fail. A Kansas City family law attorney can ensure that your parenting plan accounts for travel contingencies and leaves you space to connect with your child on terms that are realistic for everyone involved.
Speak With a Kansas City Child Custody Attorney Today
Contact Joseph, Hollander & Craft today if you are a frequent traveler and co-parent needing assistance forming a customized parenting plan. We maintain offices in Kansas City as well as Topeka, Wichita, Lawrence and Overland Park for your convenience.
Carrie E. Parker is a criminal defense and civil litigation attorney located in Lawrence, KS. Ms. Parker represents individuals and businesses during the investigation and prosecution of criminal charges in federal and state courts. She also represents businesses and individuals in complex civil litigation and property holders seeking the return of assets seized for forfeiture. […]
