If a state discharge violates your custody order, you will probably have to file your warrant in court to ask the judge to change the order so that your child can leave the state. Perhaps you and your child`s other parent will retain both joint legal custody and physical custody. If this is the case, it may be difficult to maintain common physical custody if you decide to leave the state. If there is some kind of legal proceedings with the children (divorce, custody, visit, custody, etc.) that is ongoing, then it may be illegal for you to take the children of the state, even temporarily, without the permission of the judge and/or the consent of the other parent. If you have a recent legal action of this kind, you can ask the judge or your lawyer if you can remove the children from the state. If your custody decision or parenting plan requires permission to travel with your child a-state or out of the country, the next step must be the required authorization. Access to permission may depend on your relationship with the other parent. This may be a quick text or a phone call or a formal letter requesting written permission. Other reasons why a parent does not wish to allow the trip are to know with whom the child will travel. A parent may not want their child to spend a lot of time, stay in a hotel or spend time unsupervised with in-laws, careless parents or the other parent`s new love interest. It is important to note that while a court may issue an order rejecting the request for rehousing with the parent`s child, the court cannot restrict the parents` freedom of movement. Instead, the court may change the custody order so that the child remains in the state of the party that does not change. There may be a number of reasons why one parent may not grant travel permission to the other parent.
Travel can affect the child`s school plan or educational plans. The parent may place the child in potentially dangerous situations, including hazardous environmental risks or hazardous weather conditions in which the child may be exposed to injury. If the custodial parent moves, there may be a relocation dispute, as it may interfere with custody and visitation. This is generally the case in the absence of agreement between the parties. If you take your children out of the state and are charged with kidnapping, you or your lawyer can contact us and we can try to refer you to experts who can help you.