Parents who divorce or separate have to share responsibility for their children. Typically, the children travel back and forth between the houses of their parents. The parents also need to work cooperatively when making major decisions about a child’s upbringing.
As life moves on after a breakup or divorce, parents may start making big plans for the future. Those plans might include hunting for a new job, starting new relationships, going back to school or planning a family vacation. The terms established in a custody order could impose certain restrictions on a parent planning for the future with their children.
Could a shared custody arrangement prevent parents from traveling out of California or moving away with their children?
Travel restrictions might apply
Most of the time, parents who share custody can freely travel during their own parenting time. They can take the children across the state to visit family members or possibly even out of the state for an exciting vacation. The terms of the custody order dictate whether or not such travel requires pre-approval.
In cases where parents worry about interstate parental abduction, they may seek custody terms that limit out-of-state travel. Otherwise, typically only international travel or travel that cuts into the other parent’s time with the children requires pre-approval. Communicating about plans ahead of time is often a gesture of goodwill that can help the other parent feel comfortable about the children leaving the state temporarily.
Relocations may require consent
Parents typically have the right to move with their children, as long as doing so does not have a negative impact on the children’s welfare. If one parent intends to move hundreds of miles away or out of California with the children, that is different than temporary travel.
Parental relocations typically require the consent of either the other parent or the family courts. The parent aspiring to relocate must provide advance notice in writing to the other parent. If the other parent agrees to the move, both parents can work together to adjust their custody order accordingly.
They can request an uncontested modification that updates their custody arrangements to reflect the new living circumstances. If the parents do not agree on the move or on how to adjust the custody order, then they may need to litigate. Judges can review the situation and order a custody modification that is in the best interests of the children.
Parents who share custody often need help understanding and asserting their parental rights, and that’s okay. Relocations and major travel plans can sometimes be a source of co-parenting conflict. Those who know what rules apply can handle disagreements effectively.
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