questions & answers

Question: Dad lives in Tucson, Mom moved out of State. Dad has primary custody. Dad wants to take daughter to Sierra Vista for a couple of days, Mom objects, saying he needs her permission. It's about 65 mile drive. Does dad need her permission everytime he wants to take a short rode trip within AZ? Thanks in advance.

Answer:

If from your phrase "primary custody" you are referring to legal custody-not just primary physical 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, you may be required to get permission.  Review your custody agreement documents.