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Out of State Travel during visitation
Anonymous2 views4 answers
I am the non-custodial father. We got divorced few months back and have a signed up child visitation schedule (in front of the court). The visitation schedule is silent on out of state travel. Can I travel with my child out of state during my weekend visitation? Can she legally deny it? My child is 6 years old.
Not all out-of-state travel is the same. Traveling to visit friends or family in New York or Pennsylvania (or to go to an amusement park) is one thing, traveling out of the country is very different. Absent a restriction to the contrary you can spend your parenting time taking small trips outside the state, i.e. to New York, Pennsylvania, without obtaining permission, etc... More extensive travel, i.e. to Florida or California should generally be addressed with more detail, i.e. confirming consent of the custodial parent, and if such consent is denied, obtaining an Order from the court confirming your right to such travel.
If I can be of further assistance, please do not hesitate contact me.
Kenneth A. White, Esq.
Shane and White, LLC
1676 Route 27
Edison, New Jersey 08817
732-819-9100
www.shaneandwhite.com
Yolanda NavarreteFamily Law AttorneyMorristown, NJNJ licensed ·
I agree with my colleagues. I want to add that if you have out of state travel in mind, you should notify the other parent by email or letter with enough time to file an application if she denies it. Most courts will allow a well planned trip. By the way, the custodial parent technically has to follow the same protocol, unless she has sole legal custody.
The prior answers nailed it.
In sum - you CAN go out of State for parenting time, vacation, etc unless there is an order prohibiting it.
You CANNOT move a child out of State without court permission or the other parent's consent.
