If you and your ex-spouse have a shared custody agreement, chances are that the kids are preparing for a trip to their other parent's home for part of the summer. If you and your ex-spouse live in different states, this trip may involve airplane rides, bus rides, train rides, or long commutes in the car. Along the way, the children will need food, travel comforts, tickets, or other expenses.
Who is responsible for paying for these expenses in the midst of a vitiation agreement? Is it the child that the parents are going to visit? Or is it the parent who is sending the children to their other parent's home. According to The American Bar Association, the payments for travel costs will be paid by one or both of the spouses depending on what was agreed upon in the divorce settlement.
For example, if the non-custodial spouse chose to relocate but said that he or she would pay for all travel costs in order to allow the kids to visit, then that parent is responsible. If the custodial parent is the one who relocated, then chances are that he or she agreed to pay all expenses to allow the children to visit their other parent. Most of the time, the courts will place the burden to pay on the spouse that relocated. In other cases, the spouse that pays the spousal support will also be responsible for covering all travel expenses.
Oftentimes military couples will also need to work through these difficulties as one spouse may be on a base far from the children. The courts will evaluate specific situations in military cases to determine the best way to divide expenses. Sometimes, family courts will favor the military spouse and demand that the custodial spouse pay for all visitation costs in these arrangements.
According to the American Bar Association, it is helpful for parents to set up a schedule for vitiation that takes the distances between parent's homes into account. You will want to schedule trips on times when flights are cheaper or when you know that the other parent is available to actually spend time with the children. Judges will normally allow a non-custodial parent visitation time when the children are off of school. Holidays like Christmas or vacation periods like spring break and summer are ideal times for long-term visitations. Judges often award a no-custodial spouse extended time with the children during these times.
In any visitation agreement, parents will need to work through the logistics of transportation. Will mom be responsible for taking the children to the airport? Will Dad fly out to get them? You will want to talk with your ex-spouse about options and choose a transportation plan that is most convenient for both parties involved. If the children are very small, they may not be of age to travel on a plane alone. You may need to accompany them or require that the non-custodial spouse fly to get the children and bring them back.
When children reach a certain age in some states they can fly if the parent pays for a flight attendant to act as supervisor. If you believe that the costs of travel are not split evenly at this time in your relationship, you can take the issue up in a family court. Talk to a local family law attorney today if you want to seek a new arrangement for travel costs for visitation. You may be able to obtain shared costs arrangement, or may be able to evidence that your spouse should bear the costs of flights, gas, and other travel expenses.