Navigating Out-of-State Custodial Exchanges Amid Travel Disruptions
What co-parents need to know about exchanges during the 2025 United States federal government shutdown and flight delays
Airplane seats
As the holidays approach, many separated or divorced parents are preparing for the customary custodial exchanges: one parent will travel to pick up and/or return the child, often across state lines. In normal years there’s still planning required—but this year a major wrinkle has emerged: the ongoing federal government shutdown is already affecting air travel and may add unexpected stress to your holiday exchange plans.
Why travel is more uncertain this year
The Federal Aviation Administration (FAA) has ordered a reduction in flight capacity at 40 major U.S. airports due to staffing short-falls among air traffic controllers who have gone unpaid during the shutdown. (ABC News)
Some of these airports are seeing flight cancellations, delays, and a phased reduction in operations (starting at around 4 % and potentially rising toward 10 %) to maintain safety. (Reuters)
The ripple effect means a custodial exchange by air (particularly if one parent lives out-of-state) may need backup travel options, extra time for arrival/return, and clearly communicated contingency plans.
Tips for co-parents to stay ahead
Book early, confirm often.
When using flights, secure the itinerary as soon as possible and check the status frequently (via airline app, text alerts). Because of the shutdown, changes may occur at short notice.Include contingencies in your parenting plan.
Agree in writing (email or text) what will happen if a flight is canceled or delayed: e.g., who bears cost of alternate transportation, who covers extra hotel/ground-transport.
Set a backup ground-travel plan (driving or bus/train) if flights become unreliable.
Clarify whether the exchange time will shift and how that will be handled. This can include an option to exercise custodial time at another time of year (for example, during Spring Break or added time during the summer).
Communicate proactively with the other parent.
Send regular updates: “My flight still shows on time as of X; I’ll text again 2 hours before landing.”
If you encounter delay or cancellation, notify the other parent immediately and propose alternative exchange timing.
Keep a written record (screenshots of flight status, text threads) in case you later need to show what happened.
Allow extra buffer time for travel.
Arrive earlier than your exchange time, if possible, to absorb unexpected delays.
After landing, plan for transportation to/from airport or alternate meeting point (especially if arrival is late).
On the return leg, build in extra time so you’re not cutting it too close in case your flight is changed.
Know your rights and responsibilities.
Many airlines are providing free cancellations or changes for a short period of time. Also, If your flight is canceled, the airline is generally required to refund you (if you choose not to travel) or re-book you without extra charge.
If the delay affects the custodial exchange time, your parenting agreement may need an addendum or amendment (or court intervention) to reflect what you will do this year.
Stay calm and cooperative: late or changed exchanges are stressful for kids; a collaborative approach is more likely to succeed and minimize conflict.
Document what happens.
If you arrive late because of a delay or cancellation due to the shutdown-related reduction, keep documentation (flight status, airline emails) and make a note of actual exchange time and condition of the child.
If there is a dispute later, this documentation may help show you acted reasonably given travel disruption.
Special considerations for holiday travel with children
If the child is traveling by air, double-check any additional restrictions: many airlines require child consent forms, and with potential cancellations, consider whether the extra stress is worth it or whether a ground transfer is safer this year.
If weather or peak holiday traffic intersects with flight reductions, the risk of delay is higher—so plan accordingly.
If your parenting agreement provides for set times (e.g., Christmas Day, New Year’s Day), consider inserting language for “in case of extraordinary travel disruption” this year only given the shutdown.
Final takeaway
The shutdown is creating a travel-environment with more uncertainty than typical. But with early planning, frequent communication between co-parents, documented contingency plans, and realistic buffer time built in—your custodial exchange can still go smoothly. For your peace of mind and the child’s well-being, a flexible, cooperative approach will be your best asset this holiday season.
If you’d like help amending your parenting plan or drafting a holiday travel clause to address this year’s special circumstances, our office is happy to assist.