I Want to Travel with my Children over the Summer, How do I do this?

Traveling with Your Child This Summer

Summer travel can be a great opportunity to spend quality time with your child. You may be planning a trip within the state of Georgia, out of state, or even out of the country. While trip planning always has its challenges, it can be especially difficult if you’ve gotten a divorce in Georgia Fulton County and have a child with your former spouse. You may be wondering if you’re allowed to travel with your child, and, if you are, what the rules are.

Local Travel

The rules involved vary according to your destination. The first case we will consider is travel within the state of Georgia. If you have sole custody of your child, you do not need your spouse’s permission for this kind of travel. Nevertheless, it is possible that your divorce judgment or custody order includes a travel restriction.

If you share custody, and there is no travel restriction in your custody order, then you may legally travel within the state so long as you do not exceed your custody period. No matter what the case may be, always be sure to carry your custody order and other relevant documents when traveling. To determine specifically what you will need in order to travel, contact an expert Fulton County divorce lawyer at the Fuller Law Group LLC.

Out of State Travel

If you have sole custody of your child, you may travel out of state without the permission of your spouse. If, on the other hand, you share custody, you must get the written and notarized consent of your spouse to travel out of state with your child. Sometimes a divorce judgment or custody order will contain a provision for travel. In this case, you will need to review the specifics of your divorce judgment or custody order. Again, this is best done with the assistance of a Fulton County divorce & child custody attorney.

If there is no provision, but you would like to add one, your agreement can be modified according to the proper legal procedure. If your spouse does not allow you to travel with your child, your family law attorney in Fulton County GA may intervene and resolve the dispute. 

International Travel

In order to travel internationally, your child must have his or her own passport. Regardless of custody status, both you and your spouse must be present in order to apply for a passport for your child. You may also obtain the written permission and signature of your spouse.

Some custody orders include restrictions to foreign travel, irrespective of the parent’s custody status. Review your divorce judgment or custody order with a divorce attorney in Fulton County GA to make sure that you are able to travel internationally with your child. These documents may also contain provisions for how to handle disputes regarding travel, especially if one of the two parents was born in a foreign country or intends to travel to a country where travel is considered dangerous. You may be required to present the signed consent of your spouse to travel internationally with your child. For this reason, always carry this document while you travel. In addition, carry your custody order in the event that you need to present it during travel.

Given the many complex legal considerations involved in these decisions, it is best to consult an attorney. Whether you need to review your custody agreement, modify it, or resolve a dispute with your spouse, a Fulton County child custody attorney at the Fuller Law Group LLC can help. Contact the Fuller Law Group today and ensure that you and your child are able to travel safely and legally this summer.