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Can I take my child on vacation if I’m in the middle of a custody battle?

Can I take my child on vacation if I’m in the middle of a custody battle?

A divorce proceeding is very sensitive. The courts will look at all the facts and dig deep into the marriage in order to determine the weight of the arguments presented by both parties. This is especially true if a child is involved since the custody of the child has to be determined.  The court will always look at what is in the best interest of the child.

A lot of actions we take can harm our case. That is why it’s crucial first thoroughly to understand it and seek the advice of a lawyer. One common question parents have during a custody battle is whether or not they can take their child on vacation.

Is it allowed?

Yes, taking your child on vacation during a custody battle is permitted by the court. But there is one essential requisite: you need to inform your co-parent. There are a lot of risks involved in taking your child out of state or out of the country, even for a short period of time, without notification to your co-parent.

What if I don’t inform my ex?

If you do not notify your co-parent that you will be taking your child for a vacation out of state, it may appear as if you are trying to take the child away in order to gain sole custody (illegally).  So you’re running the risk of your co-parent obtaining emergency orders restricting or terminating your parenting time or custody. This, ultimately, will harm your case and might even cost you custody.

What’s the best course of action?

The best thing you can do is to form an agreement with your ex where you will stipulate parenting time and custody during the case. Have a provision in the agreement regarding out-of-state vacations if you plan on it. To keep your interests safe, always stipulate in writing so that should anything go wrong, the court will give the evidence weight.

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Leslie
Shafer

Senior Associate

Colorado Springs

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