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answers to your questions about legal situations


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answers to your questions about legal situations

Have you recently found yourself facing a legal situation and don't know how to proceed? Is this an incident that requires the assistance of an attorney working on your side? Can you get away with not hiring an attorney? These and many more questions are answered on my website. Having worked as an assistant in the legal world, I have gotten to know quite a bit about different legal situations and have provided you with several examples and pieces of advice that can help you. Hopefully, you will find everything you need to help you through this difficult time in your life.

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Factors That Determine Whether You Can Travel Out Of State With A Child In A Shared Custody Arrangement

If you don't have full custody of your kid, it's not in your place to decide when and whether to travel with them out of state. You can easily be accused of parental kidnapping if you travel with the kid without involving the other parent or taking into account existing arrangements. Here are some of the things courts consider when determining whether a parent has the right to move with a kid out of state:

Whether There Is an Agreement in Place

Most courts encourage parents to include child relocation requirements in their custody arrangement. For example, you may include a clause in your custody arrangement to the effect that either parent can take the child out of state for a period not exceeding seven days. If you have such an agreement in place, then you can take the kid out of state as long as you adhere to the agreement.

Whether You Have a Good Reason for Traveling

Moving around with kids may interfere with their schooling or social life. That's why courts will frown upon your out-of-state travel if you don't have a good faith reason for doing so. Therefore, hauling your kids to another state to attend a friend's bachelor party may not present a strong reason as moving to another state for job purposes.

Whether It Involves a Substantial Change in Schedule

Once you have a parenting or custody schedule in place, you are expected to follow it as reasonably as possible. Minimal changes or customizations that don't affect the kids too much and both parents agree to may be acceptable. However, substantial changes in schedule aren't permitted without a new custody hearing. Therefore, a prolonged move that takes place during the school year is usually frowned upon since it involves a substantial change in schedule.

Whether the Other Parents Knows About It

In other states, you are required to inform the other parent before executing such a move. You may also be required to give the notification within a specific deadline, such as a week or month before the travel date. This rules out impromptu travels; for example, you may not be able to travel with your kid to see your parents who live in another state when you are informed that the parents are sick.

Whether You Have the Other Parents Consent

In addition to notifying the other parent, you may also be required to get their permission. This makes it difficult to deal with an obstinate parent who is out to frustrate you or your relationship with the kid. It means it's in everybody's best interests to remain in goods terms and frequently communicate so that no parent denies the other a reasonable request for out-of-state travel.

For more information, talk to a professional like Caldwell Kennedy & Porter.