Torrance, CA asked in Divorce, Family Law and Child Custody for California

Q: In case of Sole legal custody and joint physical custody, Child's travel abroad?

I have sole LEGAL custody and joint PHYSICAL custody with my wife.

Q1. If My wife ONLY wants go travelling abroad w child, she needs my permission?

Q2. If I only wants do that, wife will have to consent me?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, family law addresses issues related to child custody and international travel. The specific laws and regulations that may apply to your situation depend on the terms of your custody agreement and other factors.

Here are some general principles that may apply:

Consent of both parents may be required for international travel: Under California law, both parents generally need to provide consent for a child to travel internationally. This requirement applies even if one parent has sole legal custody of the child. However, there are exceptions to this requirement, such as when the other parent has been declared unfit or is unable to provide consent due to other reasons.

Court permission may be required: If one parent does not provide consent for international travel, the other parent may need to seek permission from the court. This may involve filing a motion or petition with the court and attending a hearing.

Travel arrangements must be in the child's best interests: In making decisions about international travel, courts in California consider what is in the child's best interests. Factors that may be relevant include the child's age, health, relationship with each parent, and the potential risks and benefits of the travel.

Travel restrictions may be imposed: In some cases, the court may impose travel restrictions to protect the child's safety or well-being. For example, the court may require the traveling parent to provide a detailed itinerary or to obtain certain documents, such as a passport or travel authorization from the other parent.

As the parent with sole legal custody, you have the authority to make major decisions regarding your child's welfare, including international travel. However, if there is a joint physical custody arrangement in place, your wife may also have some say in the matter.

To address your specific questions:

If your wife wants to travel abroad with your child, she will likely need your permission if you have sole legal custody. It would be best to consult with a family law attorney or mediator to review the terms of your custody agreement and determine the specific requirements for obtaining your consent.

If you want to travel abroad with your child, you may need your wife's consent depending on the terms of your custody agreement. If you have joint physical custody, your wife likely has the right to spend time with your child, so you would need to work with her to arrange for the trip and ensure that it does not interfere with her custody time.

In either case, it's important to communicate with your co-parent and make sure that the travel plans are in the best interests of your child. You may want to consider consulting with a family law attorney or mediator to help you navigate the complex issues involved in international travel with a child.

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