I have joint custody of my daughter, we are going on vacation out of state for a weekend,do i have to call her dad to let him kn

Asked about 4 years ago - Woodbridge, VA

her dad thinks i Have to let him know we are going out of town. i didnt inform him, its my weekend. I am the primary parent. He is telling our daughter she has to call him as soon as she finds out if we leave the state. I think he has to let me know due to the fact that she lives with me. is this true and what are VA laws?

Attorney answers (1)

  1. Michael Christopher Miller

    Contributor Level 15

    Answered . One is "required" to comply with the custody and visitation order. Orders and agreements frequently have notice provisions in them.

    What parents "should" do is a different story. There is a difference between giving notice of your travel plans, and seeking permission to travel.

    Letting the other parent know where the child will be allows the parent to have a topic of conversation with the child to ask how the beach was or how biking in the mountains was.

    There is also the matter of a some accident or other misfortune that can happen. If the other parent is supposed to have visitation following vacation, and the child and vacationing parent have not returned home, it would be nice to know where to start looking.

    Factor 7 of Va. Code 20-124.3 includes "the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child."

    At some point the circumstances are going to be reversed. One cannot argue he or she must know where the child is going when the other parent travels, and then refuse to tell the other parent where he or she travels.

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