Before you book a flight to see family in another state this winter, pull out your custody order and read it. The wording matters more than the airline’s change policy. Maryland’s 90-day notice statute applies to only two situations, moving a permanent residence and leaving the country. A drive to Pennsylvania or a flight to Florida depends on what your own paperwork says.
Courts can enforce what they’ve signed, and a judge hearing a custody case may also look at how the two of you communicate. A missed text about dates can seem small in November. In front of a judge it can look bigger, which is why the details are worth settling with the other parent first.
Do You Need the Other Parent’s Permission to Travel Out of State?
That depends on what the document says, because the 90-day statute covers only a move or a trip abroad. In those two situations, a judge can add 90 days’ written notice to a custody or visitation order. The court must waive it if notice would expose the child or a parent to abuse. Any other good reason also qualifies. A domestic trip falls outside the statute, so your paperwork may spell out a notice rule or may say nothing at all.
Before you book anything, work through three steps:
- Read the travel terms in your order.
- Confirm your dates fall inside your own time with the child.
- Get the other parent’s agreement in writing whenever a term leaves doubt.
What Does Your Custody Order Say About Travel?
Maryland’s court form for parenting plans shows what an order can contain, such as a notice period or an emergency exception. A court may write a plan it approves into an order. Yours may follow that wording closely, loosely, or not at all. In the form, the travel term sits in the parenting time section, right after the break schedules. That makes it the first place to look.
Notice and Itinerary Terms
Under the version in Maryland’s parenting plan form, each parent may take the child anywhere in the United States during that parent’s own time. The other parent gets written notice first, unless there’s an emergency. The form leaves the number of days blank, so the figure that applies to you is whatever your family or the court filled in.
The notice includes an itinerary. In the form, an itinerary means the locations and telephone numbers where your child and the traveling parent can be reached. A separate option covers leaving the country and adds a promise to supply whatever documents the other parent needs for the trip.
Consent Language
Some orders go further and require agreement. The form has an “Other” line under travel for terms a family writes itself, such as one parent agreeing before the other leaves. Whether yours includes one depends on the wording. Look near the travel paragraph for consent, approval, or agreement, and read each phrase exactly as written.
Whose Parenting Time Is Winter Break?
The schedule decides who has your child over winter break, and the court’s form offers three ways to set that up. Parenting time is when your child is with each parent. The form ties each parent’s right to travel to that parent’s own parenting time or vacation. So the break schedule matters before the ticket does, and it’s the first thing to confirm.
Here is how each choice plays out for your dates:
| Winter break choice | What it means for your travel dates |
|---|---|
| Follow the regular schedule | Your dates work only if the regular weekday and weekend schedule has your child with you then |
| Alternate winter breaks | One parent has the whole break in odd-numbered years and the other in even-numbered years |
| Divide winter breaks | The order spells out how the break is split between you |
Alternating breaks depend on the calendar year, so check the year before you pick dates. The form’s holiday schedule adds another layer, and families can choose a fixed holiday option. Those holidays then take priority over the regular schedule. The other two options set no holiday time or leave it to whatever the family agrees. When a listed holiday falls outside the break time assigned to you, the holiday schedule controls.
Next, confirm your dates sit inside your own time. If the family you’re visiting includes grandparents, our post on Maryland grandparent rights at the holidays explains how their holiday time is handled.
How Can a Travel Mistake Come Up Later?
A missed notice and the way co-parents communicate can both matter in a later case.
A Missed Notice Can Be Raised in Court
A court may weigh a skipped 90-day notice for a move or trip abroad when it decides a later custody or visitation case. It may also consider extenuating circumstances as a defense. That applies when the move or trip couldn’t wait 90 days. Notice then has to go out within a reasonable time after the need arose. A domestic trip works differently, because a notice term in your own order isn’t covered by the 90-day rule. The court that entered the order can enforce its wording.
Communication Is a Factor Courts May Weigh
Maryland’s custody statute lists 16 factors a judge may consider, and one of them is how the two of you communicate with each other. Another looks at prior court orders or agreements, which brings your existing paperwork into the picture. The judge must state findings on each factor, either on the record or in a written opinion.
I’m certified by the courts as a Best Interest Attorney, trained to speak for a child’s interests alone. Those interests are what the factors exist to measure. A written exchange about your plans gives you a record of how you handled things.
What Should You Do When the Order Is Unclear?
Get the details settled in writing before you book. An explanation offered after the trip can’t undo what already happened. Maryland’s parenting plan instructions explain that a court may write an approved plan into an order. The court then has authority to enforce it.
When the Order Says Nothing About Travel
A silent document gives you no notice period, itinerary rule, or consent term to point to. The same instructions list out-of-state travel among the topics a plan covers. A short written message before you book closes that gap.
When the Wording Is Vague
A phrase like “reasonable notice” would leave open how many days you owe and in what form. A lawyer who has read the whole order can tell you what a vague clause requires. Until you’ve had that read, send more notice and more detail than the clause seems to ask for.
Getting the Other Parent’s Agreement in Writing
Put your plans in a clear written message that the other parent can answer and confirm. Cover four things:
- your travel dates
- the locations where your child will be
- the phone numbers where you and your child can be reached
- a request that the other parent confirm the plan in writing
Keep their reply with your records. When a direct message goes nowhere, mediation is another route. Our post on how mediation fits a Maryland family explains when it makes sense. Should the answer come back as a no, have a lawyer read your order before you book.
Confirm Before You Buy the Ticket
Reading the travel terms before anything is booked keeps the decision in your hands and spares you a dispute later. You can reach out to our team about your custody order and your travel dates. We’ll review the terms with you in a free consultation.
