Can My Spouse Take the Children Out-of-State?

When a couple is raising children together, either or both parents may take the children wherever they want. This means you could take your kids out of state, or your spouse could travel to a different location with the children.  However, when you have separated or are divorced, the issue of when you can leave with the kids becomes a more complicated matter to deal with.

If your spouse is trying to take the children out-of-state, you need to understand your legal rights and your options. An experienced Las Vegas, NV divorce lawyer at Pintar Albiston can assist you in protecting your relationship with your kids and ensuring that your spouse does not leave or move without your permission. Call today to schedule a consultation and learn more about how a divorce attorney can help resolve custody issues and parenting time questions.

When Can Your Spouse Take the Children Out-of-State?

If you and your spouse have decided to separate but you have not yet filed for divorce, your spouse may still be able to take the children out-of-state unless you have filed for custody. With no pending legal action to dissolve the marriage and decide on parenting time, there is generally little you can do to prevent your spouse from going somewhere with the kids.

If a divorce or custody petition is pending, on the other hand, your spouse is likely restricted in the ability to take the children out-of-state. Moving to a new state will definitely not be permitted when there is a pending custody action, and your spouse may even be limited in the ability to travel with the kids for any extended period of time.

If you already have a custody arrangement in place, then whether your spouse can take the children out-of-state or not will depend upon the terms of the custody agreement. If your spouse is given physical custody and the right to make decisions for the children, then you may have few or no options if he or she decides to move, other than going to court and petitioning for a change in a custody order. However, if you have shared parenting time and/or if you have shared legal custody of the children, then you get a say in whether your kids can leave. Your spouse will not just be able to go away for any lengthy period of time or move with the children without your permission.

If there is a disagreement about whether your spouse should be able to move with the kids or take them away for a long time, then the issue may wind up in court. A judge will consider what is in the best interests of the child when deciding if it is permissible for the kids to go away with your spouse or move to a new location.

Your relationship with your children is very important and you need to ensure you know your rights and take advantage of the legal protections available to you. An experienced Las Vegas divorce lawyer at Pintar Albiston will help you on custody and parenting time issues as well as on other matters relevant to your divorce.