Winter break is almost here for many New York children, much to their delight. Many parents like to travel out of state to visit family or take a vacation while their child has time off from school. But if a parent is divorced, taking their child out of state even for a brief trip can be complicated.
Consult your child custody order
You and your child’s other parent likely have a child custody order following your divorce. This order can be essential in determining if you can travel with your child out of state (or even out of the country).
Your child custody order will state who has the child in their care and when. This includes who has the child on weekdays, weekends, during school breaks and on which holidays.
Your child custody order may also state what you must do if you want to take your child out of state for a short period of time. Some orders permit such trips, while others prohibit them.
If you want to take a brief trip out of state with your child, you may have to get the permission of your child’s other parent. You may also need to provide your child’s other parent with advanced notice of the trip, information about where you are going, and how long you’ll be gone.
If your order is silent
If your child custody order is silent on out of state trips or if your child’s other parent does not permit the trip, you may need to go to court to sort things out. Child custody issues are common at this time of year, so it is important to plan accordingly.