Child custody arrangements are difficult to deal with and when complicating factors get involved, such as a parent moving to a different state, it’s best to talk to a lawyer who can help since the law with these types of cases are constantly changing.
Usually, the parent who is the primary custodial parent can move away with the children unless the other parent can show that the move would harm the children. However, it’s not always clear whether a custody order is permanent or temporary. If the parents have joint physical custody of the children and one parent does not want the child to move, the parent that wants to move with the children must show the court that the move is in the best interest of the children. If you are worried that the other parent is going to move or if you want to move with the child, make sure you talk to a family law lawyer at our office before you make a parenting agreement and to also protect your rights as much as possible.
If you want to travel out of the state or country with your children, you will need the other parent’s permission. You should also look closely at your existing custody and visitation court order to make sure there are no restrictions on you leaving the state or your country with the children. If there are limits, you will need a court order to give you special permission. Again, this is something your lawyer will be best at advising you with. If the judge gives you an order letting you to travel, make sure you get it in writing.
Also make sure the order has everything you need, including the dates of travel and and other information so that you can travel with your children safely. Also make sure to carry a copy of the order on you everywhere you go when you travel since you might need to show it to the border patrol, airport staff or any other official that asks to see it.
Every state has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) which sets standards for when a court may make a custody decision and when a court must accept an existing decision from another state. If you are dealing with child custody situations regarding different states, contact a Santa Barbara family law attorney immediately.