Every custody agreement is different, and depending on the details of the agreement between you and the child’s other parent, you may or may not be able to take your child out of the state or country. Different states have different regulations concerning this as well. If you try to take your child and you do not have custody rights, you may be guilty of kidnapping and subject to legal consequences. Furthermore, even if you do have the proper custody rights, you may be required to inform the other parent. It all depends on the nature of your physical custody agreement. You should contact a child custody lawyer to discuss the details of your particular arrangement.
Joint Physical Custody Vs. Sole Physical Custody
If your custody agreement explicitly states that you have sole physical custody of your child, you may take your child wherever you like. However, as is more often the case, if you have joint physical custody, you are required to abide by the exact rules in the joint custody agreement.
Most joint custody agreements require you to give the other parent at least a 24-hour notice of your plans to leave the state. You may also be required to provide contact information such as an address or a phone number in case of emergencies involving the child’s safety. These are generally seen as common sense measures because joint custody means that both parents have an interest in their child’s well-being.
What To Do If The Other Parent Does Not Agree
If the other parent says that you can’t take the child out of the state, you may need to get in touch with your child custody lawyer. The lawyer will present your case before a judge, who may give you an Order of Removal to allow you to take your child despite the other parent’s objections.
All of these issues may be circumvented if the original custody agreement grants the parent permission for removal. However, because it is likely written in complex legalistic language, you may need the services of a custody lawyer to tell you whether permission for removal is included in the agreement.