Can a California Parent Take a Child Out of State?

A critical family law issue is how a parent interacts with a child and how that affects the other parent. The general answer to this question is yes, but since we’re talking about the law, there are situations where the answer in your case might be no. There are potentially many moving parts in this type of situation, so if you have any questions or doubts about whether what you or the other parent wants to do is legal, contact our office. For expert guidance, consult with California child custody attorneys who can help you navigate these complex issues.

Taylor B. Warner talks to clients and potential clients daily regarding custody issues and what a parent can do in a given situation. The Law Office of Taylor B Warner, APLC, represents family law clients in San Bernardino County, Los Angeles County, Riverside County, and Orange County. Speaking with a child custody lawyer in Rancho Cucamonga can provide you with clarity and peace of mind. You can call her at (909) 466-5575.

No matter which side of the issue you’re on, this isn’t about you. You shouldn’t make vacation plans you know will upset the other parent. Don’t object to plans so you can torment the other parent or “get back” at them because of the overall conflict or something they did in the past. If so, you’re using your kids as pawns in your emotional conflict with the other parent. That’s not healthy for your kids, and if a judge learns of your game, it will likely negatively affect the custody outcome. For comprehensive support, consider reaching out to a child custody law firm.

The Parents are Estranged or Separated

If there’s been no court involvement and both parents have legal custody, one parent can take their kids out of state, but there are practical, common-sense issues to consider. This trip should be discussed ahead of time and agreed upon. The two should negotiate conditions on the vacation that put an objecting parent at ease.

If you object to this happening, you could go to court to get an order to prevent this, but what evidence do you have that a child’s out-of-state vacation with a parent would not be in their best interests?

• Do you have any evidence of neglect or abuse when the other parent is with the kids alone?
• Is the other parent abusing substances or committing crimes?
• Do they have an untreated psychiatric condition that makes them unsafe?
• Does the parent plan anything extreme or dangerous for the trip, or will they visit relatives and go to a water park?

If you’re planning the trip and facing ungrounded but heated opposition, will it be worth it? The other parent could, rightly or wrongly, accuse you of kidnapping your kids if you take them out of state without their permission.

Do you want to explain the situation to a police officer instead of spending time with your kids? Even if you’re not kidnapping your kids, there’s a chance local law enforcement will make mistakes, and you might be falsely arrested. Do you want to risk this trauma to yourself and your kids so you can go on this vacation?

A Court Has Decided Custody, or an Outcome is Pending

A temporary custody order should be in place if a child custody case has started but hasn’t been resolved. If the custody process has concluded, there should be a final order.

Ideally, both parents will negotiate and agree upon the terms of a temporary or final custody agreement, which should be the basis of the order. If not, the judge will come up with their own terms after a trial.

What does the order state about this situation?

• How does the proposed vacation fit into the parenting time schedule?
• Are there any restrictions or conditions on when and where a parent may take a child?
• Is there a process set up for parents to resolve disagreements?

The court could decide if the parents still can’t agree on the vacation. Some issues that may be considered include:

• The parent and children have regularly taken this trip in the past without incident
• The children will spend time with extended family members they otherwise won’t see

Violating an order would be a bad idea because the parent involved could be held in contempt. If the order is temporary, this may also harm the parent’s chances of getting a favorable final order when the case concludes.

You Can Trust Taylor B. Warner with Your Child Custody Matter

If you and the other parent are in a vacation dispute, no matter which side you’re on, call the Law Office of Taylor B. Warner so we can discuss the situation, your legal rights, what’s in your kids’ best interests, and how California law may apply. Our Rancho Cucamonga child custody attorneys have extensive experience handling these types of disputes. Speaking with a child custody lawyer in California can provide you with the clarity and support you need. For comprehensive assistance, contact a child custody law firm that understands the intricacies of family law. You may also call us at (909) 466-5575.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.