Legal Question in Family Law in California
Vacation out of state with non-custodial parent
My ex-wife and I have joint custody of our 8 year old son. She has physical custody; I have normal visitation every other weekend, alternating holidays and one week each month during the summer. We all live in California. I have planned a vacation in Texas with my current wife's family for one of the weeks this summer that he is with me. There is nothing in our court order which indicates that my ex-wife or I have to give ''permission'' for the other to take our son out of state. What does the law require? Is a simple notification acceptable? Does it have to be in writing? I want to do the ''right'' thing in this case.
1 Answer from Attorneys
Re: Vacation out of state with non-custodial parent
Read the visitation order carefully. If it does not state that you have to have permission to take the child out of the state, give mom written notice of the trip well in advance of the expected date of the trip. Provide her with an itinerary, addresses and telephone numbers of the place you will be staying. Also provide telephone numbers of family members that will know where you will be.
By giving mom advance notice, if she objects, you can if necessary obtain a court order allowing you to take the child out of the state.
The more information that you provide her about the trip the less she will have to complain about.
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