Monday, September 26, 2016

Can I Travel With My Children While Getting a Divorce?

If you are getting a divorce in Texas and you have children, you may want to take a trip with your children during the time the divorce is pending.

Are you allowed to do it?

Well, the first question to ask yourself is whether you are under any court orders.  If so, then check them to see if you have any travel restrictions.   Be aware that just because you haven't actually been to court doesn't mean that you aren't under any court orders.  You may have an agreement that has been reached between you and your spouse and that agreement may have been filed with the court and become a Court Order. This can happen with mediation or without it.

(Also, speaking of "Court Orders", in Texas "Standing Orders" apply to any divorce filed, so be aware of these.)

If you have orders  in place, read them and follow them. If you have made an agreement with your spouse, follow that.  But let's say that there is nothing decided yet about travel, what then?

The next thing to consider is whether your travel with your child would be interfering with your spouse's visitation time. If so, you'll need to work out that issue through your attorneys, or, if you don't have attorneys, with your spouse.

Even if you don't have to, in many cases it is advisable to discuss the travel in advance with your spouse (even if you have to do it through your attorneys) in order to avoid misunderstanding or panic. Of course, each case is different, so just be sure to think everything through and discuss any doubts with your attorney.

If all is clear and you see no reason why you shouldn't go, just make sure that you come back, and come back on time.

Be aware that international travel is a bit different. For information on international travel see the U.S. Customs and Border Patrol website.  There are U.S. and international laws in effect that must be followed.  If you wish to travel internationally during your divorce, make sure that you are abiding by all requirements and you are advised to discuss this with your attorney in advance as well.

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