Legal Question in Family Law in Arizona

Joint Custody-Can Spouse Take child out of state on trip without my consent

My husband plans on taking my 2 children with him out of state for the weekend without my permission. We have joint custody and it is his weekend to have our children. But I do not want him to board a plane with my children and take them across country. What are my rights?


Asked on 6/25/02, 9:05 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Joint Custody-Can Spouse Take child out of state on trip without my consent

Thank you for your inquiry.

If you have joint custody, then you and your husband should have a Parenting Plan, or language in your divorce decree to address travel.

If not, the court generally does not restrict travel during a parent's own parenting time. If you have reason to believe he will leave and not return, you might have grounds to try to block the trip, but beyond that, there probably isn't much legal protection.

Please review your divorce documents/Parenting Plan, and if you have additional questions, please feel free to contact me at (480) 792-9770. I offer telephonic initial consultations for no charge.

Sincerely,

Monica H. Donaldson

[email protected]

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Answered on 6/25/02, 9:27 pm


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