Do you need advance authorization to take kids out of state for the holidays during or after a Louisville or Kentucky divorce? Does one need to obtain advance written authorization or permission from the other parent and/or the Court before the trip? This topic can be quite complex and each case is going to be fact-specific. However, generally speaking, in many cases the answer is “yes, if you are in the midst of a divorce, or existing child custody orders are in place you will need advance written permission from the court and/or the other parent if you intend to travel out of state or out of the country with children for the holidays.”
The requirement to seek advance authorization also applies to the task of renewing or applying for a passport for your child. This is why it is important to plan ahead and contact the experienced Louisville divorce and family law attorneys at Dodd & Dodd well ahead of any anticipated travel.
If you are already divorced and child custody and visitation orders are in place they should contain specific instructions from the court regarding the steps required to take your child(ren) out of the area, the State of Kentucky or the United States. Today’s child custody and visitation orders often include advance permissions or the step-by-step process for vacations involving travel involving children outside of Louisville.
However, if your existing orders do not clearly provide the answers you need it is best to plan ahead and seek advance authorization to take kids of of state for the holidays if you share any form of custody with another parent. Instructions may require you to obtain written (often notarized) permission from the other parent, if not a sign off by the presiding Judge in your case.
What happens if the other person with who you share child custody won’t agree to a reasonable out-of-state travel request? The best strategy is to ask the experienced child custody attorneys at Dodd & Dodd to prepare, submit and seek approval for the requested orders for the Court. The failure to plan ahead in these cases may result in the need to modify your holiday travel plans, so it is best to allow extra time and pursue the matter now.
If a parent does not seek advance authorization to take kids out of state for the holidays and takes the child(ren) outside of the jurisdiction of our Family Court there can be severe consequences. Our Family Court takes a hard look at any custodial parent who violates these orders, and the resulting orders can include a large spectrum of sanctions against that parent, including the potential loss of all existing child custody and visitation rites. It’s not worth the risk
If you are the parent remaining in town and the other custodial parent fails to seek advance authorization to take kids out of state you need to contact the attorneys at Dodd & Dodd immediately. Unfortunately, there have been numerous cases involving the relocation of children and move away child custody cases where the other parent seeks to establish emergency orders from a different out-of-state court to assert jurisdiction in the matter. This can result in an expensive jurisdictional child custody battle that requires months (or longer) to resolve.
If you are concerned about the required permissions and authorizations required to travel with children for the holidays, or for any other reason you need the sound advice and counsel of the experienced child custody and family law attorneys at Dodd & Dodd. Ask about our decades of experience in these complex cases and how we can help to protect your goals and interests.
We invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys.
