Can I take my child on a trip out of state this holiday season?

On Behalf of | Oct 28, 2022 | Divorce

Life is full of adventures and out of state travel is a common way to visit far-flung loved ones or explore a new part of the country. Especially with the fall and winter holidays coming up, many parents in New Jersey will be making plans to travel with their child.

If you are no longer in a relationship with your child’s other parent, you may need to take extra steps if you plan on taking your child out of state.

What does your custody order say?

If you want to take your child out of state, you will first want to review your custody order. Your custody order may already address the topic of taking your child out of state.

For example, it may permit such trips as long as they do not interfere with either parent’s custody rights or it may state you cannot take your child out of state at all.

If your custody order is silent on the issue of taking your child out of state, then you may need to obtain the permission of either your child’s other parent or the court to take your child out of state.

What happens if you do not have permission to take your child out of state?

It is important to follow the rules if you want to take your child out of state, even if it is just for a family vacation.

If you take your child out of state in violation of your custody order or without the permission of your child’s other parent or the court, your child’s other parent may have the right to file for contempt.

If you try to hide your child out of state in violation of your custody order, you could be charged with “interference with custody.”

You may feel you have a good reason to take your child out of state, especially if it’s just for a short period of time. You may even feel like you have the right to travel with your child as you see fit.

However, your child’s other parent also has rights regarding the child. It is best to follow your custody order or seek permission before planning a trip out of state with your child.

FindLaw Network