Legal Question in Family Law in Texas

Need Consent?

My X and I have a parenting agreement in state �A� (still in state A).

The Parenting plan states NO travel restriction at all.

X and my son (11 years old) live in state �B� (last 8 years)

I now live in state �C� (3 years)

For the last 6 years he has been traveling to me as an unaccompanied minor.

Over the last several years we (both parents) have take the liberty of traveling all over the states with him

(without attempting to get consent or consult the other parent) (NY FL CA AZ OH all of which are not states A, B or C)

We are arguing as to, if he should have a passport at all, I would like to take him to other countries on vacation AND we may end up in court over this issue (since a court order is needed if both parents dont agree on passport)

However my question is: since we (both parents) have set a precedence of traveling to many different states with him. Could we travel to Hawaii and Alaska (which don�t require a passport) without consulting with or getting consent from the other parent? Considering that, to go to Hawaii you travel over international waters and to Alaska, you must leave the continental US. Are there any issues I should be aware of when traveling to Hawaii this summer?


Asked on 4/02/09, 9:31 am

1 Answer from Attorneys
Adam Kaufman Jensen Sondrall & Persellin, P.A.

Re: Need Consent?

If the other parent would object to you going to Alaska or Hawaii then you could make an argument to the Court that both parents have set a precedent of consenting to travel in the U.S. and that this should apply to these states as well.

Your best bet might be to notify the other parent that you are planning this trip.

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Answered on 4/08/09, 4:22 pm


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