COVID-19 And Your Custodial Vacation Time: Three Ways To Deal

July 2, 2020 • By Liz Billies

4th of July always makes me think of summer vacations. I've had some great July 4ths over the years, filled with trips to the beach, barbecues  and spending time with family and friends. This year? Not so much.  Thanks, COVID-19. 

Were you planning on having a great 4th of July only to have your summer custodial vacation time ruined because of the pandemic?

It's no secret that COVID-19 has changed every aspect of our lives, particularly our ability to travel this summer. Does your custody order include dedicated custodial vacation time with your children? Most of my custody agreements include one or two weeks of vacation for each parent.  In general, this custodial vacation time allows the parent a week block of time with the children that overrides the regular physical custody schedule. What does your custody agreement say?

Are you worried that you won't be able to exercise your custodial vacation time this year because of COVID-19? While having your original plans cancelled is a bummer, that doesn't mean that you can't still take your allotted custodial vacation with your children. Want to know what to do instead?

Here are three ways to deal with COVID-19 and your custodial vacation time this year: 

·      Use your custodial vacation time to take a staycation;

·      Agree that you and your co-parent can use your custodial vacation time in the non-summer months; and

·      Find a vacation destination that involves driving and allows for social distancing. 

Ready to start planning?

Use your custodial vacation time to take a staycation instead.

I'm a huge fan of staycations.  If I don't have anywhere particular to travel, I have no problems taking one. Time off is always time well-spent. Staycations are also great for your budget! You also can save a lot of money vacationing at home, which may be something that you need to do if you are experiencing COVID-19 related job loss. 

Generally, most custody orders don't require you to actually go away on a trip with your child to exercise your custodial vacation time. This is because the courts don't want to penalize parents that can't afford to travel with their children. In other words, just because you can't afford a trip to Universal Studios doesn't mean that you shouldn't get custodial vacation time with your kids. So, as long as you aren't working and are actually home with your kids, a staycation is a great way to use your custodial vacation time this year.

Think a staycation will be boring? Think again. It can actually be a lot of fun if you plan it right.  So, what can you do if you decide to use your custodial vacation time to take a staycation? Here are some ideas:

·      Go for a hike or walk at a nearby nature preserve;

·      Plan day trips to the beach or local park;

·      Spend the day watching a movie marathon (Star Wars perhaps?);

·      Engage in crafts or other art projects like tie-dying shirts or making scrapbooks; and/or

·      Anything were you and your children can spend quality time together doing something fun!

Agree with your co-parent that you can use your custodial vacation time in the non-summer months.

Does your custody agreement require custodial vacation time to be taken in the summer months only? Some of my custody orders have this and some don't. I usually see this requirement because the parents (or one of the parents) are worried about the children missing school. Does your custody order define custodial vacation time as summer only?

If so, perhaps you and your co-parent can agree that you are both allowed to use vacation time during non-summer months this year so that you can take a trip with your kids when COVID-19 is no longer an issue.

If you and your co-parent make this modification, remember to put it in writing so that there is no confusion later on. There is nothing worse than planning (and paying for) custodial vacation time only to have the other parent reverse their decision at the last minute.  Without having the modification in writing, it will be hard to prove to a judge that you had such an agreement, putting your trip in danger.  The best way to document this agreement is either via email or in a message through a co-parenting app.

Find a vacation destination that involves driving and allows for social distancing.

Not all trips require an airplane. Are there vacation locales nearby that you can drive to such as the Jersey Shore? Are you able to rent a house or a cabin in the Poconos? Could you go camping so that you are not interacting with large groups of people?

I encourage you to get creative and seek out alternate destinations for your custodial vacation time this year.  Chances are there are a lot of places in your own backyard (no pun intended) where you can be safe but still engage in some needed rest, relaxation and reconnection with your children.

Were you planning a trip to Europe this summer or somewhere far away from home? I know that a more local vacation may be kind of disappointing if you were. While it may not be the vacation that you envisioned, it may still be a welcome escape from the craziness that has been 2020. You can always save that big vacation for next year.

Remember, your kids really just want to spend time with you during your custodial vacation time. And so what if they get to do that at a lake house and not at Disney World this year?  Chances are you and they can still make some memories to last a lifetime.  Whatever you decide to do, make sure that you follow the requirements of your custody order regarding notice of the trip to your co-parent, providing travel documents, etc.  

So while COVID-19 has brought a lot of changes to our lives, one of the biggest is limiting our ability to travel! But that doesn't mean that you can't still exercise your summer custodial vacation time with your children. Fun is out there, I promise.  You just have to look for it.

Need help with a summer custody issue? Please contact myself, Mark Dischell or Inna Materese so we can help!