Vacation and Traveling with Kids After a New Haven Divorce
Custody and visitation are probably the most contested aspects of most divorces. The time you get to spend with your children is rare and special. However, sometimes when you are the middle of a contentious divorce, you want to end the process quickly so you may make compromises that you later regret.
Alternatively, you may be at the very start of your custody and visitation battle and want to make sure that issues regarding vacation and travel are included.
Speaking with a qualified divorce lawyer for advice on vacation and traveling with kids after a New Haven divorce can alleviate some of the stress that comes with trying to navigate this experience.
International Travel and Vacations
An individual should be aware that for any international travel they will need to obtain a passport for their children. The general rule is that both parents must be present to get a passport. However, there are exceptions to this rule that make it easier when both parents cannot come into the office.
If one parent has sole legal custody then as long as they can prove this with official documents then they do not need the consent of the other parent. Alternatively, if both parents do agree to the passport then one parent can give the other parent written consent to get a passport for the child.
Filing For a Passport Without the Other Parent
Lastly, if the other parent is missing or has abandoned the family then there is a special form the present parent can fill out to get a passport without the permission of the other parent. In other cases, one parent may fear that the other parent will go behind their back to get a passport without their consent. In that case, an individual can enter the Children’s Passport Issuance Alert Program (CPIAP).
With this program, the office will alert any parent when anyone tries to apply for a passport for the child. The parent will need to fill out the appropriate forms with the correct documentation and will be registered for the program. By registering for CPIAP, a parent can make vacation and travel with kids after a New Haven divorce a safer experience.
Domestic Travel with Children
If a parent is planning on remaining within the United States for vacation, they should be allowed to travel with their children as per the custody order. When parents can agree to a custody and visitation schedule, they must submit a “proposed parenting plan”. This plan must include holiday and vacation time. Any issues a person wants included in the plan, such as geographic limits need to be clearly stated and agreed to.
Alternatively, when parents cannot come together to a compromise then the court must create its own custody schedule. This arrangement will be based on a number of factors that determines what custody arrangement is in the best interest of the child. Some of these factors are:
- The child’s preference and any other information the child wants to share
- Physical and mental health of both parents, but this cannot be the only factor unless it is so overwhelming that it would be against the best interest of the child
- The arrangement each parent is asking for
- Stability of each parental home
- Whether the parent would be inclined to encourage a relationship between the child and the other parent, and how willingly they would follow a court schedule
If an individual follows their plan and works with a capable divorce attorney, vacation and traveling with kids after a New Haven divorce can be a positive and non-stressful experience.
Importance of a New Haven Divorce Lawyer
If you are unsure of your rights regarding vacationing and traveling with kids after a New Haven divorce, you should meet with a lawyer to find out if you can and how far. Alternatively, if you are unhappy with the current order, a skilled attorney can help you fix it. Consult an experienced divorce lawyer that can help work towards a positive outcome for you.