In general, if the parents reside in separate states, the court would look to the UCCJEA, Uniform Child Custody Jurisdiction and Enforcement for guidance. First off, the following factors would determine which state would make child custody decisions.
– The home state, or where the child lived for six months minimum;
– Whether the child is connected with relevant people in the state;
– Whether the child is living in a certain state due to safety issues; and
– No state could meet the above mentioned factors.
According to the Parental Kidnapping Act, a parent can’t just take a child away from his or her home state without the consent of the court. If the custodial parent is planning to relocate to another state, he or she should inform the other parent and the court first.
Otherwise, the custodial parent could lose custody, hold the parent in contempt, and charged with kidnapping, warns a top child custody lawyer in Denver.
Yes, as long as it’s allowed as per the custody arrangement. The main thing to remember is that you need to tell the other parent of your plans to travel and, if required, provide the necessary information – where, when, how long, schedule, transportation, etc. – for court approval.
If you have a contentious child custody case because you don’t get along with the other parent, the court would have to review thoroughly your request to travel out-of-state with your child.
This would still apply even if you were only traveling for a short time or vacation since there’s always the risk that you might decide not to come back with your child.
If your existing child custody agreement prohibits traveling with your child out-of-state, work with an experienced child custody lawyer to request for a modification.
Child custody battles are more often than not complex in nature. Working with a qualified attorney could help learn about the elements of your case and make certain that your child custody order would uphold your child’s best interests and your parental rights.