What to Do Before My Ex Takes Our Child on an Out-of-State Vacation

  • Divorce
  • , Family Law
August 23, 2017

As an adult, you are probably accustomed to traveling whenever you want, however, if you share custody of a child, going out of state can be a little more tricky. Depending on your child custody plan, a parent may have to ask permission before leaving the state or country with a child and there may be restrictions on how long they can go on vacation.

If your ex-spouse wants to take your child on an out-of-state vacation, here are a few things you should do:

  1. Make sure your ex asks for permission, if necessary. Certain child custody plans and state laws require a parent to notify the other before going on an out-of-state vacation. Make sure you have been asked for permission before your ex leaves the state.
  2. Get the vacation plan in writing. Requiring proof of the vacation puts the responsibility on your ex-spouse to adhere to their original plan. If they don’t, you can use the proof to settle matters in court.
  3. Ask your ex for an itinerary. A detailed plan for their vacation can put you at ease and allow you to act accordingly in case of an emergency. Ask for dates, destination spots, hotel contact information, addresses, emergency numbers, and flight numbers and times.
  4. Collect contact information. Grab as much contact information as needed, which may include the phone numbers of other members of the trip or the people your ex and child are visiting in another state.
  5. Request an order from the court. If your spouse refuses to talk to you and the vacation is not allowed according to your parenting plan, you can petition the court for a modification of custody to stop the vacation.

If you are uncertain about your child custody plan, you should consult with one of our Colorado family law lawyers at Jorgensen, Brownell & Pepin, P.C. Our firm can provide dedicated, effective representation for all your family law matters, including child custody, child visitation and child support.

To arrange a consultation, please contact us online or call (720) 491-3117.

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