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Posted by: Maricopa Lawyers on Dec 3, 2015

When dealing with any child custody cases, the circumstances can trump the rules. Sometimes rules regarding child custody are ignored or altered in a case-by-case basis for extenuating circumstances. Relocation of a child is one of those instances, including taking a child out of town.

In child custody cases, it is vital both parents are kept in the loop regarding the location of the child. When one parent is taking a child out of town, for whatever reason, the transportation of the child usually has to be approved before it occurs. If approval isn’t necessary, the other parent–at the very least–has to know about the vacation.

In most child custody cases, the parenting plan lays out specific guidelines for taking the child out of state or on vacation. These guidelines should always be followed for minimal risk of backlash from the other parent.father and son in a field

If a parent does take a child out of state without following the parenting plan agreement or without the other parent’s approval, that parent has the right to report it to the courts and pursue legal actions. The parent can also file a report with a police under a kidnapping-type charge. Combined with other violations regarding the parenting plan, this can then turn into a reason for a judge to revisit the child custody case.

In some cases, an ex-spouse can be unreasonable when needing to agree to a vacation plan with the other spouse. While both parents may have the right to have a say in the child’s whereabouts, sometimes the parent can be unreasonable in preventing a vacation, even with ample notice. In this instance, it is best for the parent seeking the vacation to get legal advice.

Overall, terms regarding child custody vary case to case, but it is always a good rule to follow the guidelines agreed upon in the parenting plan. If you find yourself in a tricky child custody situation, or if your ex-spouse is being unreasonable regarding you taking your child on vacation, give us a call today