Can I Travel Out of State With My Child This Summer Without the Other Parent’s Consent?
School’s out for summer, marking almost three full months of extra time with your kids, longer days, and family trips. But when you co-parent, summer can also mean extra struggles and disputes over parenting time. In an ideal world, parents would always be able to cooperate and work together to give their children the best summer possible—but as you know, it isn’t always that easy. If your co-parent is pushing back on your plans to travel or you aren’t sure how to broach the subject, working with a child custody attorney in California may give you some clarity.
The team Ewaniszyk Law Firm has helped thousands of clients just like you find solutions for their legal issues and this is evident in our client reviews. Founded by Richard M. Ewaniszyk, our child custody law firm strives to provide parents with clear, practical solutions to complex custody concerns. Find out how we can help you by calling us at 760-245-7310 today.
Knowing Your Custody Situation
First, you should review your custody order. If you don’t have a custody order, this question is nuanced. You’re typically allowed to take a child out of the state for vacation in the absence of a custody order, but that doesn’t mean it’s necessarily the best idea—doing so could upset the other parent, lead to claims of attempted kidnapping, and other issues you could avoid simply by asking for permission.
If you do have a custody order, you’ll want to revisit the part about traveling and summer break. If you and your co-parent were thorough during custody discussions, the order likely already specifies if either party can travel out of state with the child, and if so, what type of advance notice is required.
Look for Travel-Specific Clauses
In the order, look for anything specifically regarding travel. When you work with a child custody lawyer for this, they’ll likely ensure that these types of clauses are included to avoid uncertainty in the future. These clauses may include information on:
- Whether or not written permission is required
- How much notice you must provide your co-parent
- Limits on distance, length of trip, or destination
- Travel itinerary requirements
If these types of provisions are in your court order, they are legally binding. This is not the same as your co-parent wanting a travel itinerary for their own convenience—this is something that you can legally be penalized for if you violate it. Even if your court order does not have these clauses, you may still want to notify your co-parent. Child custody attorneys often prefer that their clients collaborate with their ex-partner to avoid future issues.
Securing Consent From Your Co-Parent
Should your court order require consent from your co-parent, request it early enough to work out any disagreements and get consent in writing. You may want to provide your co-parent with information regarding the dates of travel, where you’ll be, how to reach you, and emergency contacts. Even if your custody order doesn’t technically require consent, providing this information can protect you from disputes down the road. It also shows that you are cooperating with your co-parent and not attempting to deprive them of information.
Court Approval If Consent Isn’t Granted
If your court order requires permission and the other parent refuses to give it, you may need to ask the court to intervene by filing FL-300, Request for Order. If your case goes this far, the court will make the final decision regarding your out-of-state vacation. They will consider whether or not the vacation is in the child’s best interest. Do your best to make sure the vacation does not cut into your co-parent’s time or your child’s scheduled activities or school days.
Protecting the Co-Parenting Relationship
Throughout this process, do what you can to protect the co-parenting relationship. Yes, you want to go on your scheduled vacation—but you should aim to do so in a way that doesn’t completely destroy your co-parenting relationship. If you’re uncertain about which step to take next or how to communicate most effectively with your co-parent, you can discuss your concerns with the attorney at your child custody law firm.
Address Your Concerns With Our Team
At Ewaniszyk Law Firm, we understand that co-parenting brings a whole new set of challenges at each stage of a child’s life. If you’re struggling to get your co-parent on board with your vacation plans, let’s talk. Set up a consultation with our child custody lawyers to explore your options—just call us at 760-245-7310 or reach out online.
Mr. Ewaniszyk was first admitted to practice law in 1982 and he lived and raised his family in the High Desert since 1986. He has successfully represented hundreds of clients each year suffering from serious and catastrophic personal injuries, those accused of criminal offenses, people going through divorce and family law matters, and families facing bankruptcy. Mr. Ewaniszyk has tried many cases in both Federal and State Courts during his extensive career and previously served for five years as the City Attorney for the City of Adelanto. Learn more here.