Virginia Child Custody: Traveling Out Of State

Summer is the time of year when many families hit the road for out-of-state road-trips, family reunions, and vacations. After a divorce that involves Virginia child custody, trips across state lines may raise concerns for the parents. When parenting after divorce, it's a good idea to have a basic understanding the legalities of traveling with your child. 

There are laws that exist to prevent someone from taking a minor across state lines without the consent of the child's legal guardians. When a couple divorces and parental responsibilities are set out or approved by the court, their legal rights to take the child to another state may be affected. Knowing these rules is part of parenting after divorce. 

Parental kidnapping is a serious issue that has affected many families over the years. It's important for law enforcement officials to be able to confirm that divorced parents traveling out-of-state with minors actually have consent to do so. When parenting after divorce and an instance of kidnapping arises, you should contact a Chesapeake attorney as soon as possible. 

The out-of-state travel laws applying to minors are part of a national effort to help prevent parental kidnapping. For example, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) ensures that jurisdiction is kept to the state of the child's residency, so that a parent can't take a child to a different state and claim custody. Although parenting after divorce can be difficult, you do not have to deal with an instance of kidnapping on your own. 

Do your Virginia child custody terms allow out of state travel? 

The legalities of taking your child out of state depend on the type of Virginia child custody agreement you have. If the agreement gives you explicit permission to travel out of state with the child, or if it says nothing about the matter, then you are likely safe to make the trip. However, if the agreement states that you need permission or need to follow certain guidelines to make long trips, then you will need to follow these steps closely. 

Never assume that it's fine to make a trip out of the state with your child if you haven't checked first. Inadvertently breaking your custody agreement can lead to all kinds of legal trouble for you, and it will also erode any trust that might exist between you and your ex. 

Regardless of what your Virginia custody agreement contains, it's common sense to talk over your travel plans with the child's other parent. No parent wants to be kept in the dark or to feel unsure about where their child will be going. Create as detailed an itinerary as possible for your ex, and be sure to provide numbers where you can be reached while on the road. 

Contacting a Virginia Divorce Attorney 

The decision to file for divorce usually comes at the end of a long and painful journey. In addition to the emotional turmoil involved, there’s also a lot of fear and uncertainty about what the future holds. Concerns about children, mortgages, and even just paying the bills or buying groceries can easily become overwhelming. 

A Virginia child custody attorney at Hofheimer Family Law Firm can examine the specifics of your case to help you decide how much support to ask for, what child custody arrangement will work best for you and your children, and how to fairly divide your marital assets. Request a FREE copy of our divorce book for women in Virginia, or reserve your seat at our monthly divorce seminar – 757-425-5200.