Asked in Family Law for Utah

Q: My ex and I have joint custody of our son. Can I send my son out of state for a weekend without my ex's permission?

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Saint George, UT
  • Licensed in Utah

A: I would not advise it. I almost always include language in my parenting plans which require both parties to provide an itinerary and contact information whenever a child travels out of state overnight.

Additionally, it is difficult to overcommunicate where children are concerned. Try placing yourself in your ex's shoes. Would you want to find out that your child had been out-of-state overnight without your knowledge after the fact? I am guessing the answer is "no." Regardless, the best strategy is to notify. If it is your parent time and there is no prohibition in the parenting plan, you have a right to send him, but your ex has a right to know where he is going, who he will be with, and how to get in touch with him while he is travelling.

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