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Vacations and Child Custody

A child with a Santa hat sleeping

Trips in Light of a Custody Order

With fall here and the holidays soon to come, that means plenty of time to enjoy special activities with family and friends. But what do you do if you have to take a vacation while your custody order is in effect? In North Carolina, specific laws dictate how parents can take vacations with their children. If you're not sure how to proceed, don't worry! We're here to help. In this blog, we will discuss the basics of child custody and vacationing with your children.

Check the Custody Order

If you are a parent with primary custody of your child in North Carolina and you would like to take your child on vacation, there are a few things you should keep in mind. First, you should check the terms of your custody order to see if there are any restrictions on taking your child out of state. If there are no such restrictions, you will need to provide the other parent with reasonable notice of your plans and travel itinerary details. The other parent has a right to object to the vacation, but unless there is a good reason for doing so, such as concerns about the safety of the destination, their objection is not likely to be successful.

Other Scenarios

If you have joint custody of your child, then you will need to discuss your vacation plans with the other parent and come to an agreement. It is always best to put any agreements you reach in writing so that there are no misunderstandings later on.

If you are a non-custodial parent who would like to take your child on vacation, you will need to get permission from the custodial parent. If they refuse, you can file a motion with the court asking for permission to take the trip. The court will take factors such as the distance of the trip, its duration, and whether or not it is in the best interests of the child into consideration.

Ask Questions of an Attorney

Taking a child on vacation can be a fun and memorable experience, but it is important to make sure that you are doing so in compliance with the law. If you have any questions about how to proceed, be sure to speak with an experienced family law attorney in North Carolina.

At Blood Law, PLLC, we are committed to helping our clients find solutions that meet their needs. Learn more about how we can help or schedule a consultation by calling (704) 286-0570 or by visiting our website.