Feinberg & Waller, APC
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Where Not to Take the Kids

When you were married, you and your spouse may have taken frequent vacations, across the country or even across the world. Your friends may have applauded your decision to expose your children to different cultures and experiences. While travel certainly has positive aspects, it can become problematic after divorce. After divorce, each parent must generally clear any travel plans ahead of time with the other parent.

In some cases, the judge makes it mandatory that neither parent may take the children out of the county or city in which they live before getting express, written permission from the other parent. These stringent requirements are usually only necessary when the court determines that there is a risk of one parent kidnapping the children.

Travel can also be upsetting when it indicates that one parent wants to relocate. If one parent relocates with the children, the other parent will of course find it more difficult to see the children and may grow emotionally distant from them too.

Therefore, think twice before you consider moving with your child. You may need legal permission from a court to do so. In such an instance, the court must decide that such a move is in your child's best interests. In making this decision, the court will take into account factors such as the distance that you are relocating, your relationship with your child, your ex's relationship with your child, and your relationship with your ex. If any factor serves as cause for concern, you may be allowed to move-but your child may not be allowed to come with you. It is a very complicated area of law that requires the utmost of care in its handling.

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William A. Feinberg 1928 - 2001

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