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Rombro & Manley LLP

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Can you take your child on an out-of-state vacation post-divorce?

On Behalf of | May 21, 2021 | Child Custody

Summer is just around the corner, and with children in California on summer break this may mean taking a road trip, enjoy a beach vacation or visit a popular theme park. If a child’s parents are divorced, they will likely want to make sure that their time with their child during the summer is memorable, and for some this means taking an out-of-state trip. It is important that parents wishing to take an out-of-state trip with their child this summer that they understand California law on the manner.

Traveling out of state with your child

Generally, if one parent wants to take a trip with their child to another state, they need the other parent’s permission to do so. This is especially true if the vacation interferes with the other parent’s court-ordered parenting time. Many parents include provisions in their divorce decree on taking their child on vacations, and if so these provisions should be reviewed and followed so there are no unpleasant surprises.

What if you cannot locate your child’s other parent?

Sometimes, despite your best efforts, you cannot locate your child’s other parent. This may especially be the case if the child’s other parent moved or got a new phone number or email address, and they did not provide you with their updated contact information. In such circumstances, it is necessary to seek a court order permitting you to travel with your child without the other parent’s permission.

Learn more about child custody in California

Many parents want to take a vacation with their kids post-divorce, but it is important that they seek the necessary approval to do so. This post is for educational purposes only and does not contain legal advice. Those who want to learn more about child custody in California are encouraged to explore our firm’s website for further information.