What to Know About Shared Custody and Travelling with Your Child
If you enjoy travelling internationally and you have recently gotten a divorce, you may be wondering how it will affect future trips with your child. Are you worried your ex may inhibit your future travel plans? Or do you want to work through any potential travel issues prior to divorce?
Our team of New York child custody lawyers at Goldweber Epstein, LLP can help you create child travel guidelines prior to divorce or figure out what steps to take for international travel after divorce.
To prepare for international travel you must:
- Obtain a passport signed by both parents: For a child under the age of 16, both parents must sign the passport. Ideally, both parents will be present at the time of passport application, but if one is unavailable, a notary public can sign a statement of consent. Once a passport is obtained, you will most likely still need to discuss your travel destination with your ex.
- Discuss travel plans: If you plan to travel out of the country with your child, it is customary to discuss the travel dates and destination with your ex. This way they will know where their child is and when to expect him or her. In addition, if there are objections, they can be discussed prior to the trip’s commencement. Your ex may object to certain destinations, so keep that in mind when planning a family trip.
- Obtain consent for travel: If there are conflicts or if one parent objects, the courts may get involved via a motion made by the parent who wants to travel. The courts will determine what is in the child’s best interest, which may include putting specific restrictions on the travel plans or places the child can travel to. In these cases, it is beneficial to have support from an experienced attorney who can help you navigate the court process.
Concern for Flight Risk
If you are sharing custody with an ex-spouse and you are concerned about them leaving the country with your child and not returning, called flight risk, you can take steps to prevent this from happening. The courts will determine if there is a risk based upon if the other parent has dual citizenship or if the destination country participates in the Hague Convention (a treaty that requires other countries to follow the same rules regarding returning children to their country of origin).
One way to protect against flight risk is to put an alert on the child’s passport utilizing the Children’s Passport Issuance Alert Program. You must provide specifics about your child as well as supporting documentation that the other parent does not have authority to remove the children from the country. Our team of child custody attorneys can help you protect yourself and your child in these circumstances.
Our New York Child Custody Lawyers Can Help!
Whether you are a travelling parent, or a parent concerned about flight risk, our attorneys can help. We are well-versed in New York child custody laws and we can work with you and your ex to come to a compromise. If compromise cannot be reached, we can help you navigate the court process regarding child custody and travel. Our child custody lawyers can be your guide in protecting your child and standing up for what is in his or her best interest.
Contact our office to discuss your child custody case and any concerns for future travel. Call (917) 809-7669 today.