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Tag: child custody agreement

Can My Ex Leave the State With Our Child?

A common custody question is whether one parent can take the children out of state without returning. If a custody order exists, the custodial parent usually needs permission from the court or the other parent. But without an order, can a parent legally leave the state with a child? In this month’s blog, we explore when such moves are allowed or restricted.

Custody Agreements and Parenting Plans

When a divorce involves children, the court establishes a custody agreement that both parents must follow. This agreement outlines who has legal custody (the right to make decisions for the child) and physical custody (where the child primarily lives).

If your child custody hasn’t ended yet, then your ex cannot simply decide to move to another state or take the child on an extended trip out of state without discussing it with you.

Related: Learn more about when child support ends in California here.

Move-Away Cases: Permanent Relocations

A “move-away case” occurs when a parent wants to make a permanent move out of state. If one parent has sole custody, they may have more freedom to move. However, in cases of joint custody, the moving parent must either get the other parent’s consent or obtain a court order.

If both parents are open to a move but need to adjust their parenting plan, a new agreement can be created. For example, a different visitation schedule might allow the non-moving parent more extended time with the child during vacations or school breaks.

The Risks and Penalties of Leaving Without Permission

If a parent leaves the state with a child without obtaining the necessary permissions, they could face legal consequences. For instance, taking a child out of state in violation of a custody order may be considered parental kidnapping in California. This can be a serious charge that comes with severe penalties, including jail time or hefty fines.

Steps to Take if You Suspect a Violation of Custody Terms

If you believe your ex may be planning to leave the state with your child without permission, there are steps you can take to protect your custody rights.

  • Document the Custody Agreement: Have copies of the official custody order readily available, showing the specific terms regarding travel and relocation.
  • File a Motion if Necessary: If your ex won’t communicate or is actively planning to leave against the agreement, file a motion with the court to prevent the unauthorized relocation.
  • Know the Warning Signs: If your ex suddenly starts packing belongings or gives notice of a job transfer far away, consider discussing these changes with your attorney to ensure your rights are safeguarded.

Consult With Us

At Family Law Richard E. Young & Associates, we’re here to help you protect your rights and your family’s best interests. Contact us at (949) 951-9529 for guidance on custody agreements, parental rights, and what steps to take if you’re concerned about relocation issues. Let us stand by your side to ensure your rights – and your child’s – are safeguarded.

Vacation Time and Child Custody

Imagine this: it’s the holidays and everyone is ready for a vacation. People are excited to take a load off and spend quality time with their loved ones. Maybe they’ll take a road trip or go out-of-state for sight-seeing and new experiences. However, this can be a difficult and tense subject to navigate between divorced parents. Planning vacation time can come with its own set of challenges especially when it involves a child custody agreement and limited scheduling.

Scheduling Vacation Agreements

For those who are still working through the details of a child custody and parenting plan, it’s important to clearly define vacation time between you and your ex-partner. All parents want to spend time with their children and for divorcees, having a coordinated vacation schedule will help prevent conflicts by setting some ground rules.

Talk to your ex-partner and clearly define what can and cannot be done. Here are a few examples of what to agree upon:

  • Determine agreeable vacation destinations, whether it be local, out of state, or out of the country.
  • Set equal vacation days so your children can spend enough quality time with both parents.
  • Discuss activities that the children will participate in during the vacation.

Some divorced parents may choose to establish specific dates each year in which they can take their children on vacation. Others may choose to have unspecified dates instead, but are required to notify the other parent in advance of when they plan to take their children on vacation. Regardless of what option you may choose, it is important to be clear and communicative with each other.

Be Transparent with Each Other

Incorporating vacation plans can be difficult and tedious but it’s important to prevent conflicts. In order to be transparent with each other, some divorcees may opt to put plans into writing to ensure each party is aware of the set guidelines. If you decide to make any changes to your plans, remember to inform the other. If an emergency were to happen on a vacation, it’s important for the other to be aware of where you are and what you were doing. Understand that remaining communicative with each other is the first step in overcoming conflicts in a child custody agreement.

Conclusion

Establishing a vacation plan can be overwhelming, but by following agreed upon guidelines, divorced parents can easily navigate and coordinate with each other while spending quality time with their children. Here at Family Law Richard E. Young & Associates, we help divorcees navigate confusing and tense child custody agreements. If you have any questions or concerns, contact us at (949) 951-9529 or visit our website to learn more about our services.

Three Disputes Your Family Law Attorney Can Help With

Dealing with legal issues on your own can be burdensome, but with a professional family lawyer by your side, there’s less to worry about. A family law attorney can handle your legal problems and represent you in the court of law, if needed. Such issues include divorce, prenuptial agreements, and other related matters. Furthermore, they can act as mediators if disagreements between spouses and family members become complicated. Learn more about what a family law attorney can do for you!

Divorce Issues

Divorce is difficult. This not a happy time for couples because emotions can be high. Coming to an agreement is hard to do, so this is usually when lawyers step in. They act as a mediator between the couple and approach issues lawfully. It is in their best interest to settle matters calmly and not have to go to court. When an agreement is met, they move along the divorce swiftly by having the couple sign paperwork and other legal documents.

Prenuptial Agreement

Before a couple gets married, a prenuptial agreement is drafted to identify each spouse’s property and assets in the event of a divorce. This agreement can be drafted with or without a family law attorney present. However, with help from an attorney, they can oversee the contract and confirm that the legal information provided is agreed upon. Once both parties approve, the document is signed and copied.

Child Custody Agreement

Figuring out an arrangement to care for children after a divorce or separation isn’t easy. There are many variables when it comes to the parent’s scheduling, travel distance, and so on. Sometimes, lawyers need to get involved because it can be a complex matter. A family law attorney will be there to find a resolution between the parents and have the best interest of the child(ren).

Conclusion

Family disputes can be complicated, but not when you have the right lawyer alongside you. When you call Family Law Richard E. Young Associates, you will be directed to a professional attorney within our firm. We handle cases ranging from divorce to child support, so let us resolve your family law issues today. CALL (949) 951-9529 NOW!