Child Custody

questions & answers

Question: I am seperated from my wife and I have custody of our children. Do I need her authority to take my kids out of state, to go on my vacations?

Answer: Much depends on the existence of a custody/parenting time decree or written agreement to the same effect. If either applies and discusses this issue, then you should follow those terms to the letter. If not, then you are probably fine so long as the vacations do not infringe on your wife's parenting time, and so long as the "vacations" are really just that: vacations - and not a code word for permanent relocation. (If you *are* truly relocating, then you should follow the requirements of A.R.S. § 25-408.) Also, even if the decree or agreement doesn't require it, it is always a classy move to advise your wife of the trip itinerary and contact numbers where you can be reached in an emergency. In addition, depending on the custody that the mother has, it is generally frowned upon to interfere with the mother's parental access to the children. It can be beneficial to seek the permission of the mother to take the children on a vacation and if the mother refuses, to get a court order.