With joint custody, can you travel out of state with your child?

On Behalf of | Aug 27, 2021 | Divorce |

Divorce can change a lot of family dynamics, especially when there are children involved. If there is a custodial arrangement between you and your ex-spouse, it is not business as usual when it comes to traveling with your child out of the state or abroad.

Everything boils down to the terms and conditions of your child custody agreement, which vary on a case-by-case basis. If you intend to travel out of state with your child, who is under joint custody with your ex-spouse, here is what you need to know beforehand to protect your legal rights.

Go through the terms of your joint custody order

Usually, the custodial rights granted to each parent are defined by the court following a divorce. It is, therefore, important to check these terms and conditions, which may have restrictions likely to affect your travel plans. For instance, your joint custody order may oppose interstate or overseas travel. Should you violate that, you might lose your custodial rights besides being in contempt of court.

Avoid conflict by informing your ex-spouse of your travel plans

Some custody orders require permission from the other parent when it comes to traveling out of state. Even when not specified, it is necessary to provide additional information about your trip, such as the length of your stay and how the child will keep in touch with the other parent.

Ensure you carry the required documentation

You are not legally required to have written consent from your ex-spouse when traveling with your kid out of state. However, to avoid a misunderstanding, it may be worthwhile to have such written consent. Also, remember to refer to the terms of your custody order in case you need further documentation for your trip.

Having such information on joint custody will ensure that your rights as a parent and the relationship with your children will not be interfered with.


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