Child Custody
questions & answers
Question: If I have sole custody do I need the other parents permission to take our child out of the country on vacation?
Answer:
I assume from your phrase "sole custody" that you are referring to legal custody-not just primary physical custody. If you possess sole legal custody, you will probably be able to make your travel plans without the other parent's consent. This also assumes, of course, that the divorce decree and/or accompanying parenting plan does not contain any special provisions that forbid or restrict either out-of-state or international travel. If they do, it will not matter what kind of custody you possess. You will need the consent of the court to take your trip.
Your divorce decree may also contain special rules about your duty to provide a trip plans to the "left behind" parent, as well as regular access between that parent and the child while you are gone. So read the divorce decree and parenting plan carefully before you do *anything*!!!
If you do not possess sole *legal* custody, US State Department regulations will generally require you to seek the consent of the other biological parent (or a court order overriding that parent's objection) before engaging in international travel with your child. More information about securing a passport and the overall issue of travel abroad can be found on the State Department's webpage (Form DS-3053, Statement of Consent: Issuance of a Passport to a Minor under Age 14). Pay special attention to paragraph 5.
QUESTIONS
-
If I have sole custody do I need the other parents permission to take our child out of the country on vacation?
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
FIND LEGAL HELP
- Please select your county of residence below.
OTHER LEGAL RESOURCES
-
State Bar of Arizona
www.azbar.org -
Maricopa County Bar
www.maricopabar.org
Referral number 602-257-4434 -
Pima County Bar
www.pimacountybar.org
Referral number 520-623-4625 -
National Domestic Violence Hotline
800-799-7233 -
Bankruptcy Court Self Help Center
866-553-0893 -
Certified Legal Document Preparer Program
Link
ORGANIZATIONS
- Volunteer Lawyers Program – DNA
View full description - DNA - People's Legal Services - Hopi Legal Services
View full description - Our Family Services
View full description - Gila County Housing Dept.
View full description - Southern Arizona Legal Aid, Inc. - Nogales - Santa Cruz County
View full description
Generic versions of the drug Cialis, sold as tadalafil, now available from many manufacturers.