Question asked on July 3rd, 2018
Q: I have joint legal and physical custody (50/50) that is shared with their father. Our custody agreement does not stipulate that we are not allowed to remove them from the state. We both have family in California and have both gone back and forth prior to our divorce and frequently after (I go to California with them about 1 time per month). We both currently live in Las Vegas. The only language in our decree, states that we cannot move out of state or take them out of the country without written consent from the other parent. He recently told me I am no longer allowed to take them out of state after they stayed with my sister for a few days during my custody time. I did not remove them from school as it was summer vacation and he was out of the country during this time. In the past 5 years he has never once had an issue with this. Do I need his permission going forward if our custody agreement doesn’t specify so?
A: Short answer: “no.” But you should closely read the “legal custody” provision of your decree — such provisions commonly set out requirements for extended travel, such as providing advance itineraries, etc. If you are not sure, or you think you would be well served by modifying your decree to be more explicit on such matters, you should schedule a consultation appointment with a family law specialist.
