Many families are getting ready to travel to see loved ones for Thanksgiving or winter holidays, and this can be more complicated for parents who share custody of their child. If you are traveling within the State of California, it should not be a problem, as long as you have your custody dates worked out for the holidays. However, if you are planning to travel with your child out of state, it can be more complicated.
California family law requires a parent to seek the consent of the other parent prior to traveling out of state with their shared child. This can be accomplished in different ways, including simply emailing or texting the other parent for their consent. It is wise to have this consent in writing – even in informal messages – in case a dispute arises later.
Even if your parenting plan allows specific out-of-state travel, you should still always keep the other parent informed of your travel plans with your child. Doing so is not only considerate but covers your bases to ensure there are no disagreements or issues once you are traveling. It is important to include specifics of your travel in the written communications, such as the specific travel dates and times, where you will be staying, and more.
If, for some reason, your child’s other parent refuses to consent to out-of-state travel, you can petition the court to allow you to travel with your child. This takes some future planning, and you want the right legal assistance during this process. If you can demonstrate to the court that this travel is in the best interests of the child, the court will likely grant your petition.
Consult with a Sacramento and Marin County Child Custody Attorney
For any questions regarding child custody or travel with your child, speak with a Marin County and Sacramento County child custody lawyer at Mason Law Office. Contact us to discuss your concerns and options.