Can I travel outside the state with my child during divorce proceedings?

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If you’re going through a divorce and want to travel out of state with your child, call a family lawyer, because there may be restrictions on your ability to take your child out of state.

The first thing you and your lawyer would do is review the parenting plan that was probably established at the time of your separation. The plan likely addresses the issue of traveling with your child. Many such agreements require a parent to get the other parent’s consent in writing before leaving the state with the child by getting a letter of consent for travel.

Even if your agreement doesn’t address this, it’s probably still a good idea to get such a letter. That will protect you if your ex accuses you of parental kidnapping or violating your parenting plan in some other manner. The letter should detail where you plan to go, when you plan to return, where you will be staying while you’re away and the names of anyone else you are traveling with. You should also expect to have to negotiate with the other parent on certain things, like having your kids call them each day or text at certain intervals.

Another option is to try and get your parenting agreement modified to address out-of-state travel so you do not have to go through this negotiation each time you wish to go away with your child while your divorce is still pending.

It’s also important to remember that the rules on this may vary depending on where you live. Call a local family lawyer if you want to learn more.

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