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Can I Take My Child on an Out-Of-State Trip Post-Divorce?

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Having a Great Summer

Divorcing parents often face the challenge of figuring out how to take their children on vacation while adhering to a child custody order. It can be especially tricky if one parent plans to travel outside of Texas, as it may require additional steps for them to remain within the bounds of the court's ruling. If you're facing this situation, this blog is here to help guide you through what must be done so that legal complications do not derail your summer vacation plans.

Getting Permission From the Other Parent

The parent who wishes to take a child on an out-of-state trip must get permission from the other parent first—this is typically outlined in the court-ordered parenting plan. If this has not been done, it may be necessary to file a motion with the court to seek permission to proceed with the vacation plans. Depending on the situation, this can be done via a written motion or through a hearing.

Providing Notice to the Other Parent

Once both parents have permission, the parent taking the child out of state must provide advance notice to the other parent with details about where they will be going and when they plan to return. The other parent must also receive a copy of any tickets, itineraries, or reservations related to the trip.

Court Order Requirements

The court order itself may have terms that need to be met for the out-of-state vacation to occur. For example, it might require both parents' signatures on a notarized document or the approval of a third party, such as the child's guardian. It's essential to read through the order carefully and ensure all requirements are met before proceeding with any vacation plans.

Get In Touch With an Attorney

If you have a child custody order, taking your children out of state for a vacation can be complex. It's essential to understand all the laws and requirements that must be followed and how to best get permission from the other parent. Consulting with an experienced attorney can help ensure that your vacation plans comply with the court order.

At Mueller Family Law Group, we know how important spending time with your children is, especially over the summer. If legal complications arise, we're here to help you navigate them.


Learn more about how we can help or schedule a consultation by calling (214) 225-6766 or visiting our website.

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