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Can My Spouse Take My Kids Out of State?

Can My Spouse Take My Kids Out of State | Warnock Family Law

Sharing child custody with a former spouse or partner can be complicated. Each adult is accustomed to making decisions on behalf of the kids. When a relationship ends and custody is split, the process of making big decisions that involve the children gets more complicated. Parents in this situation may feel anxious about the decisions that the other parent is allowed to make. For example, physical distance is an issue that many parents feel concerned about after a split. Common questions related to physical distance include: Can my spouse take my kids out of state for a trip? Can my ex-spouse take my kids out of state to live?

Can my spouse take my kids out of state for a trip?

When you are accustomed to always having a say in where your children go and what they do, it can be extremely difficult to share custody after a split. The harsh reality is that you will have to respect the custody arrangement that you agree to (or the one that is determined by the court). This means that there may be times when your ex takes your children on a trip out of state. The other parent who shares physical custody does typically have the right to take the kids on trips during his or her time with them. As long as your ex follows the stipulations outlined in the custody agreement, he or she can make decisions about where the kids go while they are together. If you are in the middle of your custody negotiations or there is some type of dispute, you and your ex may be required to keep the children close by until things are resolved.  Generally, they are required to tell you, not ask you.

Can my spouse take my kids out of state to live?

In Nevada, parents who share custody must both agree to an out-of-state move. There are two main types of custody: physical and legal. Physical custody is when a child is physically cared for by a parent at least part of the time. Legal custody is when a parent has the right to be part of important decisions that involve the child. Typically, physical and legal custody can overlap. If one parent has the kids more often than the other, it does not give that parent more power to make solo decisions about moving out of state. If there is any type of shared custody then both parents must be on board with a move. In situations where the parents cannot agree, the parties must involve the courts, who then make a decision based on what is in the best interest of the child.

It can be scary to have an ex who is talking about taking your kids out of state on a trip or for a move. It takes time to adjust to a situation where you do not always have control where your children go. If you share physical custody, you may not be able to control where your kids go on short trips but you do have a say in an out of state move. You have rights as a parent even if your ex has a greater physical timeshare. Do not let your ex intimidate you or convince you that you have no say in where your children live. Schedule a free consultation with a child custody attorney to make sure that you are doing everything possible to ensure your continued access to your children.

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