Navigating child custody is often very stressful for many co-parents, whether the parties are already separated, in an ongoing divorce, or were never married. When thinking of moving out of California or simply traveling out of state with your child, you may find yourself asking, “Do I need permission to take my kid out of California?” If you need help with the legal process of traveling with a child you share with an ex, be sure to consult with a qualified family lawyer.
California family law recognizes two aspects of child custody: physical and legal. Physical custody refers to visitation and who the child resides with. Depending on the case, one parent may be granted sole physical custody, with the other possibly receiving visitation rights. Alternatively, parents may share joint physical custody, the child living with each one for a designated duration of time.
The party with whom the child solely or primarily resides is “the custodial parent.” Legal custody, which is most often jointly shared between parents, is the right to have authoritative power when it comes to making decisions regarding a child’s upbringing; this may include a child’s religion, medical care, schooling, and where the child lives or travels. Parents with custody have the legal right to change the location of where their child lives.
However, this does not mean that a custodial parent has complete freedom to relocate their child’s residence or that moving a child away from one parent will be approved by the court. Any time a custodial parent wants to move, they must provide the family court with a valid reason for wanting to relocate that shows the decision includes the child’s interests and wellbeing. Common reasons include pursuing career or schooling opportunities or moving closer to family.
The court must intervene in the event either parent wants to move, particularly when a custodial parent wishes to relocate, to ensure the child’s welfare and rights won’t be infringed upon and to determine how the parents’ current custody arrangement will be modified. However, does a parent need permission from their co-parent or family court when they want to travel out of the state with their child?
The answer will depend on the parents’ relationship and current custody arrangement, along with other factors the court may consider. If parents who are still married but legally separated, living apart from one another, or co-parents who never married don’t yet have a child custody order, both parties are considered to have equal parental rights and responsibilities; this means that neither parent can leave the state with the child without the other’s consent or court approval.
It’s important that you give your co-parent notice and preferably get their express permission in writing if you wish to travel outside the state with your child. If the other parent refuses to cooperate, you can ask for the court’s permission in advance. This also applies to parents during an ongoing divorce that is not yet finalized, meaning they most likely lack a custody court order.
For co-parents who do have an established custody agreement, the court order should include specifications about where the child can go and whether one or both parents have permission to leave the state with them. When a parent wishes to do this, they are still expected to give their co-parent notice, and some circumstances may warrant obtaining their consent as well. If the custody order doesn’t address out-of-state travel, it’s advised to seek the other party’s permission.
A: In most cases, it’s not recommended to leave the state with your child without notifying the other parent and usually obtain their approval or permission as well. This is due to the legal problems that can arise from violating the terms of your child custody agreement, and in extreme cases, you may be accused of parental kidnapping if you don’t receive approval from your co-parent or family court ahead of time.
A: Whether a custodial parent needs permission to take their child out-of-state for travel depends on the unique custody order. While the custodial party is often perceived as having more authority, this doesn’t imply complete freedom to take their child wherever, whenever — especially not without providing prior notice. A custody order should specify what’s allowed regarding traveling out of state, and if it is not, you may ask the court about the issue in advance or ask your co-parent for their official approval.
A: Yes, it’s possible for one parent to leave the state with their child. However, whether the traveling is for vacation or permanent relocation will determine what permissions are needed beforehand. Leaving for vacation generally requires the other parent’s permission and possibly court intervention.
Moving out-of-state requires you to provide the court with a valid reason for wanting to move and how it aligns with the child’s welfare or advancement. If approved, the custody order will also need to be modified.
A: Your ex may prevent you from taking your child on vacation, but only if the court agrees that the action isn’t in the child’s best interests. It’s wise to get the court’s permission in addition to your co-parent’s because it’ll likely impact your custody agreement; lost visitation time will need to be compensated for. Even if your co-parent gives permission, bringing the matter to court will officially document their approval, and the court can help determine how lost visitation will be handled.
The legal team at the Edgar & Dow understands how overwhelming it can be navigating child custody matters on your own, with the numerous laws and limitations. Our experienced family law attorneys can help you with any custody order concerns you may need help with. Get in touch with our office today.
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