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Can I take my child out of state for a summer vacation?

On Behalf of | May 9, 2023 | Child Custody

Travel can be quite educational, especially when children travel with their parents. A trip can also be a means of bonding with children. Few things can help parents broaden someone’s horizons like a trip to a different city or a community with a very different culture. Whether the goal is to visit family or national parks, traveling with children often leads to lifelong memories for everyone involved.

Especially when parents share custody after a divorce or separation, finding opportunities to bond with the children, make new, happy memories together and shift their perspective on the world can be particularly valuable. The summer months when school is not in session are an ideal time for people to plan adventures with their children.

Can a parent who shares custody in California arrange for out-of-state travel with the children during summer vacation?

Parenting plans often impose travel limits

It is common practice for the parents negotiating a parenting plan when they share custody to establish specific rules about what parents can do during their time with the children. Limits on international travel are typical, and some parents may specifically prohibit out-of-state travel or require pre-approval for travel outside of a particular area.

Depending on the terms included in the parenting plan, either parent could potentially travel to Arizona or even New York without violating the existing agreement. Sometimes, limitations on travel will necessitate communication with the other parent and their pre-approval.

When the other parent does not cooperate, it could be possible to take the matter to family court and ask for a modification either granting one parent the right to travel with the children when appropriate or specifically allowing one specific trip.

Judges hearing contested modification requests related to travel and vacations will try to make what is best for the children their top priority when ruling on such issues. In scenarios where one parent worries that interstate or international travel might lead to parental kidnapping, they may need to prepare to go to court to request limits on travel to ensure they can preserve their relationship with the children.

Learning more about the rules that apply to California shared custody arrangements can benefit those co-parenting their children.

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