Does the custodial parent need to get permission from the non-custodial parent to take children out of state for vacation?

Asked about 1 year ago - Ocala, FL

Custodial parent is planning on taking minor children out of state for 1 week.

Attorney answers (3)

  1. Gregory Thomas Buckley

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    Contributor Level 18

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    Answered . Does the existing Parenting Plan and Final Judgment say that either parent must seek the permission of the other parent to take the children out of state? If not, then it is probably not necessary unless the time out of state would interfere with the other parent's time-sharing with the child.

    Please note that without more specific information, I am unable to provide a definitive answer to your question.... more
  2. Tami Lane Augen

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    Contributor Level 17

    2

    Lawyers agree

    Answered . There is not really a "custodial" parent and a non-custodial parent...if your judgment was prior to the law change, then you may be talking about primary residential custodian and secondary residential custodian. However, those terms do not mean that one person gets to do things that the other person does not. You need to review your Final Judgment and see what it says about travel. If you need assistance, you should spend a bit of time consulting with an attorney to determine the exact status of the matter. There is "typical" language in settlement agreements and/or judgments, but I do not want to mislead you, the best thing to do is have an attorney review it. Best of luck.

    This answer is for general informational purposes only and should not be relied upon for your particular case nor... more
  3. Arica Lynn Braaten

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . Review your parenting plan. There is a specific section dealing with out of state and foreign travel.

    Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but... more

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