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Family vacations and holidays are an opportunity for parents to share enriching experiences with their children. However, if you are divorced and share custody with your former spouse, you may need their permission to take your child out of state for extended periods of time. According to Thomas A. Corletta, Attorney at Law, a family law expert in Rochester, NY, with over 35 years of experience, you always should review your Separation Agreement or speak to your attorney before planning a vacation. 

Rochester-NY-family-lawIn many instances, the Agreement will permit you to take your children out of state on a temporary basis for vacations during breaks from school. Most agreements prohibit permanent relocation outside the court’s jurisdiction without prior written consent or Court permission. In other words, if you wish to move, you must have consent or the Court’s permission. 

Even if your agreement doesn't specifically restrict your ability to travel with your child, many family law attorneys recommend getting consent before you go as a matter of courtesy. In some cases, a Court Order may be necessary to prevent arguments, if the other parent refuses consent. 

Sometimes, parents use a scheduled vacation, and the uninterrupted time they spend with the child, to influence the child and renew a custody dispute. If that occurs, your prior cooperation in allowing the child to go on vacation will make the other parent look like they are trying to upset the child’s stability and interfere in the child’s relationship with you. 

Vacation situations can get out of hand after a divorce, so it's a good idea to consult with a skilled family law attorney about this issue. Call Thomas A. Corletta, Attorney at Law for high-quality legal advice from an experienced family lawyer. Visit this trusted attorney’s website to learn more about his areas of practice.

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