CAN THE CUSTODIAL PARENT TAKE THEIR CHILDREN OUT OF STATE FOR VACATION WITH PROPER NOTIFICATION TO THE NON-CUSTODIAL PARENT?

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CAN THE CUSTODIAL PARENT TAKE THEIR CHILDREN OUT OF STATE FOR VACATION WITH PROPER NOTIFICATION TO THE NON-CUSTODIAL PARENT?

WHAT DOES THE NOTIFICATION NEED TO LIST ? WHAT IS THE PROPER AMOUNT OF TIME IN ADVANCE OF THE VACATION? AND SHOULD SOMETHING BE IN WRITING THAT THE NON-CUSTODIAL PARENT RECEIVES AND SIGNS FOR SAYING HE WAS NOTIFIED?

Asked on April 20, 2011 under Family Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are very wise to think ahead of time about this issue.  And without forcing it back in to your lap I must say that you need to read your agreement as to custody, visitation, etc., in order t see if the issue wa addressed.  The agreement ins a contract between you and your ex spouse and you need to adhere to the agreement. If it is not addressed then I would consider speaking with an attorney in the area as to what the proper protocol would be.  Definitely in writing is best and orally should not be considered.  Give your ex a fair amount of time to give consent and if he or she does not then I might seek help from the court.  Consent can not be "unreasonably withheld" in most jurisdictions and if it is your vacation time with the kids as per your agreement you should be able to travel with them.  Good luck to you.


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