Puja Sachdev | May 13, 2024 | Child Custody
What you can do when you have your children for visitation depends on your custody order. If the court-approved parenting plan and time-sharing agreement do not restrict your activities with your children, you should be able to take them to SeaWorld San Diego without your ex-spouse’s permission.
However, it is important to keep in mind that if you leave California or travel across the state with your children, you might need to notify your ex-spouse. It depends on the child custody order and California child custody laws.
Are you unsure whether you can take your children to SeaWorld San Diego without your ex-spouse’s permission? If so, talk with a San Diego child custody lawyer. An attorney can review your current custody order and advise you of your rights. It is better to err on the side of caution than to violate your custody agreement.
What Are My Parental Rights to Travel With My Children if I Don’t Have a Custody Order?
Parents have equal custody of a child according to California Family Code §3010. Therefore, you should have the right to travel within California without permission from your ex-partner if there is no court order preventing travel. However, the rules are different if you want to take your kids out of state.
Unless it is an emergency, you must have permission from your child’s other parent to travel outside of California with your child. Therefore, you might be able to travel to SeaWorld San Diego without asking your ex for permission. However, if you want to take your kids to SeaWorld Orlando, you need your ex’s permission.
What Can I Do If My Ex-Spouse Refuses to Give Me Permission to Travel With My Child?
Before you do anything, read your parenting agreement and other child custody documents. These documents should explain your rights to travel with your child. They may also provide a process to resolve disputes between parents should they arise.
If your custody order does not explicitly address traveling with your child, call a San Diego child custody attorney for help. After reviewing your current custody order, a lawyer will advise you of your legal options. You might need to file a petition with the court seeking permission to travel with your child if your ex denies your request.
Who Decides What Terms Will Make Up a Parenting Plan in a San Diego Child Custody Case?
Your parenting plan outlines each parent’s responsibilities and rights regarding physical and legal custody. Parents can share joint custody, which is usually preferred. The law recognizes that children benefit from a close relationship with both parents unless a parent is unfit. If a parent is unfit, the court can grant sole custody to the other parent.
Parenting plans include, but are not limited to:
- Childcare
- School expectations
- Overnight visits
- School schedules
- Phone access and screen time
- Vacations and holidays
- Third-party and family visitation
- Extracurricular activities
- Discipline and house rules
- Healthcare decisions
- Transportation needs
Your parenting plan may include terms about traveling with your children. It might require parents to obtain permission from each other before traveling a specific distance.
Parenting plans are designed to be flexible. The court encourages parents to cooperate in negotiating a timeshare agreement that promotes close relationships between the children and their parents. The child custody arrangement should promote the child’s well-being.
When parents disagree about the terms for custody, judges must make the decisions for them.
How Does a Judge Decide Child Custody Terms in San Diego, CA?
California child custody laws focus on the best interests of the child. Even when parents agree on a parenting plan, judges review the proposed custody arrangement to ensure it is in the child’s best interest.
Judges must consider the following factors when deciding custody cases:
- The safety, welfare, and health of the child
- Any history of abuse
- The amount and nature of the contact between the child and each parent
- The use of illegal substances by parents
Judges consider all factors they deem relevant to determine what would be in a child’s best interest for custody. Therefore, it is crucial to work with an experienced child custody lawyer to build a strong case demonstrating you are a fit parent to have custody of your child.
If you have questions about child custody in San Diego, call a California child custody attorney. The best way to protect your parental rights is to have legal guidance as soon as you contemplate leaving your partner.
Contact Our Family Law Firm in San Diego, CA
Contact our experienced San Diego family law lawyers at San Diego Divorce Lawyers, APC today for legal assistance. Contact our San Diego office at (619) 866-3756 to schedule a free consultation.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
