After a divorce finalizes, both parties may find certain restrictions if they attempt to travel with a child of the marriage to another state or even to another country. Even if the trip is only for an international vacation to visit certain locations, the parent may not do so when the divorce limits the travel based on certain complications each person may need to consider.
The relationship between divorced couples is a complex matter. Because one person may have a certain custody arrangement, the other may have primary custody of children in the relationship. Before any possible travel plans may finalize, the parent without primary custody may need to review and analyze the specific guidelines in the order. Without clearing the possible travel outside the state or country, the person may not provide the child with any new opportunities with customs, other languages or culture. The individual may need to communicate and receive permission from the primary custody holder.
Custody Arrangements Between Parents
When a couple dissolves the marriage through the legal process of divorce, any children from the relationship will go through a custody proceeding. One parent may receive sole or primary custody with the other acquiring visitation for so many days of the year. However, some situations provide both parents with joint custody. Others may arrange these matters without the courts entirely. No matter which option becomes available, clearing travel plans with the other parent is generally necessary. Any other restrictions may exist depending on the court order for custody or visitation. Some parents may need to consult with a lawyer to change these plans or to determine what to do next.
If the other parent does grant permission for travel with the child in the former relationship, the parent taking the youth to another location may need to make additional arrangements. When leaving the country, both parent and child will need passports for the destination. If the custody arrangement is a joint situation, both parents will need to fill out and sign any documentation for the passport and international travel. However, if the young person is over sixteen, he or she may sign it himself or herself. Additional accommodates are necessary to ensure the youth does not enter any location that prohibits anyone under a certain age.
If the parent is unable to obtain consent for traveling with the child, he or she could make a motion with the courts. Some states require consent by both parents before travel is possible. Additional problems may arise if the youth already has a passport. Some ex-spouses may feel the other parent will attempt to flee the country with the young person. He or she could petition the courts to remove the passport until a future time. International travel may also occur with a third-party, but travel restrictions may arise if this individual is not on an approved list.
If the parent that wants to travel with any children after a divorce has only visitation rights or only partial custody, he or she would need to clear all travel plans with the other parent. The person with sole or primary custody could place a ban on all travel with both the other parent and the child. In these circumstances, it is important to cooperate and work together to provide quality and support to the young person in the relationship. By creating an open dialogue, it is possible that the primary custody parent will grant permission for limited travel.
The time to adjust to a new school, home or even relationships with family could prevent the child from traveling with the other parent. The father or mother may need to consider these circumstances carefully before attempting to take the youth to another state or country. Some complications arise in the financial situation. If the young person needs to remain at home to help with packing, decorating, for school or family events or even to help with income by a summer or part-time job, the other parent may not have the ability to travel with him or her until the matter resolves.
Divorce Legal Concerns with Travel Restrictions
Some parents may need to contact a lawyer to determine what restrictions exist with divorce proceedings and child custody. The legal representative may need to explain the situation, divorce rules or how custody works. If possible, the parent could use the lawyer to communicate about the potential to travel in the future.