US Legal Forms
Legal Resources
Questions & Answers
Divorce
Does my ex need my consent to take our son out of state?

Does my ex need my consent to take our son out of state?

Q: Do I have a say in my ex's vacation plans with our child?

Yes, if your custody agreement requires mutual consent for travel, you have a say in your ex's vacation plans with your child. If your ex wishes to take your child out of state, you should communicate your feelings and concerns. If necessary, legal action can be taken to enforce your rights under the custody agreement.

Q: What should I do if I disagree with my ex's travel plans for our child?

If you disagree with your ex's travel plans for your child, first try to communicate your concerns directly with them. If an agreement cannot be reached, you may need to consult a family law attorney to explore your legal options, which could include mediation or seeking a court order to address the issue.

Q: Is it common for custody agreements to include travel restrictions?

Yes, many custody agreements include travel restrictions to ensure both parents have a say in significant decisions affecting their child, including travel. These restrictions can vary widely, so it's important to review your specific custody agreement to understand the terms that apply to your situation.

Full question:

My ex and I share joint legal and physical custody of our 12 year old son Jesse. My question is, does she need my consent before taking Jesse out of the state? She informed me that she wants to take him on a vacation this summer to Hawaii for a week, which would be during a week that he is scheduled to be in her custody. Just wondering if I have any say in the matter of crossing the state line.

Category: Divorce
Subcategory: Child Custody
Date: 04/07/2025
State: California

Answer:

The divorce judgment usually outlines custody arrangements, including travel restrictions. Typically, if the judgment or parenting plan requires it, a parent must obtain consent from the other parent before taking the child out of state. If your ex wants to take Jesse to Hawaii, she may need your permission, especially if the plan is to travel during her custody time. If you do not agree, she might have to seek court approval to proceed.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if my ex takes our child out of state without my consent?

If your ex takes your child out of state without your consent and your custody agreement requires it, this could be considered a violation of the agreement. You may have grounds to seek legal action, such as filing for a modification of custody or asking the court to enforce the terms of the custody arrangement. It's important to consult with a family law attorney to understand your options and the best course of action.

Can I prevent my ex from taking our child on vacation?

If your custody arrangement specifies that both parents must agree on travel plans, you can express your concerns and potentially prevent the trip. If you believe the vacation is not in your child's best interest, you can discuss it with your ex or seek a court's intervention. Always review your custody agreement for specific terms regarding travel.