Summer break travel and child custody: Things to know in New York

Summer often brings changes to parenting schedules, vacation and childcare agreements. For co-parents in New York, proper planning can help reduce misunderstandings and avoid custody disputes during school break.

Can you take your child out of New York?

While a child might spend every other weekend with a non-custodial parent during the school year, summer break is a different territory. In most New York custody agreements, regular and vacation schedules are usually distinguished. If you want to travel with your child out of the state, it is possible if you comply with any travel restrictions laid out in the court-approved document. This would generally require you to provide your coparent with:

• An advance notice
• A full itinerary of travel (including contact numbers and travel details)
• Prompt access to the child’s passport

Failing to comply with a court order or parenting agreement might lead to legal disputes or enforcement proceedings. However, If your agreement lacks a specific summer clause, it is important to continue the routine. Summer schedules often involve more than vacations. Childcare agreements, including summer camps, can also become a source of disagreement between co-parents.

Summer camp expenses

Under New York law, a summer camp could be treated as an add-on childcare expense in certain circumstances, depending on the applicable child support order and the family’s situation. Therefore, both parents would have to contribute to this cost proportionate to their income according to the Child Support Standards Act (CSSA).

Protect your child’s summer

New York courts see a massive increase in custody disputes during the summer season. If your co-parent is not cooperating with your summer plans by ignoring deadlines, withholding the child’s passport or refusing to pay their share of summer camp expenditures, seek legal guidance to understand your options available and to ensure your child enjoys a stress-free season.