Can I Travel Out-of-State With My Child After Divorce?

Divorce brings changes for everyone involved, including children, as the parties transition from living under one roof to sharing custody in two separate households. Suddenly, parenting plans start to revolve around a fixed schedule and detailed rules that were not necessarily in place during the marriage. Many parents make the mistake of thinking that just because the marriage is over, they are free from the other spouse. However, at least for divorces involving children, this simply is not true.

One specific situation where custody disputes can arise is that in which a parent wants to travel out of state with the child. What was at one point a routine matter with little thought given to it could now potentially invite legal ramifications. Aiello & DiFalco LLP takes a look at what you need to know.

The Complexities of Traveling With Your Child After Divorce

After divorce, any travel you do within the state of New York is acceptable and not likely to raise a valid objection. Provided you stick to the parenting schedule that was either ordered by the court or that you entered into with the other parent, intrastate (within the state) travel with your child is probably fine. The trouble arises with interstate (across state lines) travel.

You are generally not allowed to leave New York with your child unless the court order permits it or the other parent has consented to it. If you do not have such permission, you could open yourself to legal problems such as:

• Contempt of court for violating the judge’s child custody order
• Allegations of kidnapping or possibly child endangerment, depending on the circumstances
• The other parent asking the court to modify the custody order in a way you will not like

Although this rule seems harsh, the underlying intent (and the court’s main objective) is to protect the best interests of the child. And while it may seem arbitrary to allow intrastate travel with the child, but not interstate travel, bear in mind that each state has its own law enforcement and court system. Going to another state introduces complications that are best avoided by simply keeping everyone in the state or, alternatively, including express provisions in the order or parenting agreement to allow interstate travel.

How To Travel Outside of New York With Your Child

To avoid the problems listed above, there are a few practical steps you should take to obtain permission to leave the state with your child:

• Ask for specific terms in the court order or parenting agreement: If custody is still being resolved between you and the other parent, ask either the judge or the other parent (if mediation is in progress) for terms that specifically allow you to leave New York with your child. Consult an attorney for assistance with this step.
• Provide express written notice to the other parent: The other parent has the right to know when you leave the state with your child, so provide reasonable notice of the same to the other parent, even if the court order or parenting agreement permits it. What is “reasonable” varies from one trip to another (based on destination, duration, and other factors), but it should be more than one day before the trip.
• Provide details of the trip to the other parent: When you notify the other parent of the trip, be sure to include information such as itinerary, emergency contact, and the names of hotels or other places where you will spend overnights with the child. Err on the side of more detail rather than less.
• Allow make-up time: You should try to schedule your trip during a time which does not interfere with the other parent’s visitation. If this cannot be avoided, you will need to work out a way for the other parent to make up the missed time. This flexibility should also be worked into your court order or parenting agreement, if possible.

Have Custody Problems? We Can Help

Whether you are going through the process of establishing custody or you are experiencing difficulties with the other parent, having experienced legal counsel by your side will make a difference. Count on Aiello & DiFalco LLP. We can help you establish, enforce, and modify New York custody agreements. Call us today.

Aiello & DiFalco LLP serves clients in Garden City, Hicksville, Long Beach, Massapequa, Nassau County, Suffolk County, Long Island, Queens, Brooklyn, and New York City.