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If you’re thinking about traveling out of the state with your child, after a divorce, you really need to take a moment to consider your child custody agreement. The court order that was given could determine what you are allowed to do, and it can be different in every case. It’s incredibly important to know what it really says and what rules are in place.
Some court orders may say nothing about traveling with the child for a short trip or vacation, though you can’t move for good. In these cases, it’s still wise to tell your ex what you’re planning, and you do need to make sure you’re back in time that the agreement isn’t violated. If your ex is supposed to spend time with the child on the weekend, for example, don’t travel all the way through the weekend or you could be violating the order.
In other cases, the order may say that you need written permission from your ex. This is done to make sure you inform him or her of your plans. You may only need written permission if you’re going to be gone long enough that it cuts into your ex’s parenting plan.
In still other cases, you may even need to go to the court to get permission to travel with the child. If so, make sure you do so and that you know what legal steps are necessary.
Experts warn that the ramifications of traveling with the child in a way that breaks the court order are incredibly serious, and you should never assume that it’s not a big deal. In some situations, you could even lose your custody rights in Arizona.
Source: Livestrong, “The Child Custody Laws Relating to Travelling to Another State With Written Consent,” Mike Broemmel, accessed March 17, 2016
