During the holiday season, many individuals enjoy travelling to see family and friends in different states. If you have been planning a trip to another state, but are currently in the midst of a divorce, you may need to alter your plans in order to remain in the state where the divorce is taking place. Also, it is important that you keep the children that are from the marriage in the state as well while the divorce is ongoing.
Typically, if a parent takes the children and travels to a different state for the holidays, the courts will not be happy. As the traveling parent, this could affect your ability to gain custody of the children. Also, you may be penalized, and you may be required to return home prematurely. If you have been given a temporary custody order during the divorce process, it is essential that you do not violate this custody order over the holidays.
This means that even if you go to see your mother and father in another state every year, you cannot take the children to that other state without special permission from the court, especially if it would affect your spouse's rights to have the children on certain days. The courts may observe your trip as an attempt to flee with the children, which would denote your ability to be a safe parent.
If you strongly desire to take a trip over the holidays, then you will want to discuss this situation with a San Fernando divorce attorney, who can then present your request to the court in the best language. If the court acquiesces to your request, then you can take your trip under their circumstances. Don't hesitate to contact an attorney today if you want to learn more about travelling during divorce!
