Parents who share custody have many considerations to keep in mind, and this is especially true when planning a trip or vacation. Most custody arrangements include provisions regarding how vacation time should be handled. If your custody order or agreement discusses this, it’s important to adhere to the terms whenever possible. However, if there is no guidance already established for out-of-state visitation, it’s a good idea to consult with a family law attorney prior to leaving California.

The certified family law specialist at Sarieh Law Offices can provide individualized guidance to fathers seeking advice on how to handle visitation rights and out-of-state travel. Discussing your vacation plans with your child’s other parent may be an option, but if negotiations fail, you should be ready to advocate for your parental rights with help from a highly qualified attorney.

Is Out-of-State Travel Allowed While Your Child Custody Case Is Pending?

Traveling out of the state before a final order is entered should not be the first option. If travel can wait, it may be preferable to postpone the trip until a custody and visitation order can be entered. However, getting written permission from the other parent would likely be sufficient until the judge makes a ruling. If they refuse to grant permission, you can take the issue to court.

There are various factors that the judge will likely consider, including:

  • Is this a regular trip that the child expects and looks forward to?
  • Is the trip to visit family members that the child has a close relationship with?
  • Are there extenuating or emergency circumstances involved?
  • Can the vacation be postponed until a later date with no consequences?

The Importance of Obtaining Written Consent from the Other Parent

If your custody agreement or court order does not include a vacation provision, it is crucial that you receive written consent from your child’s other parent before leaving California. Be specific about the place and dates of the trip to minimize the possibility of confusion or disagreements later.

Differences Between International Travel and Out-of-State Travel During Custody Disputes

While some of the same rules apply to international travel as they do in out-of-state travel situations, there may be extra requirements and steps when you plan on leaving the country with your child. To prevent international child abduction, many countries require certain security measures when a child is traveling with only one parent. If you want to take your child on an international trip, you should obtain a letter of consent from the other parent. The letter should acknowledge where the child is traveling and with whom, and it is also a good idea to have the letter notarized.

Being Proactive with Child Custody and Visitation Matters

Including out-of-state vacation and international travel arrangements in your child custody order or agreement is a good idea to avoid having to jump through hoops at the last minute when you plan a trip. Negotiating via mediation or other methods outside of court gives the parents more control over the arrangements, but not all parents can come to an agreement over custody and visitation issues.

Even if you believe that you and your co-parent can reach an agreement, it’s still best to have representation from a family law specialist. Wail Sarieh can ensure you include all the important provisions and that your interests are protected along with the best interests of your child. Some common custody and visitation provisions in California include:

  • Holidays – alternating holidays every year or choosing who gets which holidays each year
  • School breaks – spring, summer, and winter breaks should be included, and some parents also include days like teacher workdays when the child is out of school
  • Birthdays – since fathers and mothers typically want to see their child on the child’s birthday and their own birthdays, including birthday arrangements is also a good idea
  • Vacations – your arrangement should also include provisions for vacation time such as how many consecutive days each parent gets and when notification should be provided

Every family is unique, and your custody and visitation arrangement should reflect your needs and lifestyle. It can be difficult to be proactive when you have one specific issue in mind. If you are seeking a modification or specifically want to create an agreement that includes out-of-state travel, contact Sarieh Law Offices first. We can ensure that there are no other terms that are being overlooked. Schedule a free in-depth case evaluation today.