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 is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.
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. Please accept my answer for informational purposes only and I hope it will give you a starting point in seeking legal representation. I would be more than happy to meet with you to provide legal advice in a consultation.
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 rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.
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