You are recently divorced so how do you plan your out of state vacation with your kids in New Mexico?
It is a valid question and one that needs to be addressed. Can you take your children out of state during the summer months and if so, what is the process in New Mexico?
The answer is usually yes, but…you still need to get permission. There are a multitude of circumstances to consider. First, and foremost, will be the relationship between the parents.
A parent can refuse to allow the other parent to leave the state with the children. If there is no previously signed agreement or forms that have been filed with the courts a huge monkey wrench can get thrown into summer vacation plans.
Most parents can come to an agreement without any conflict and certainly without turning to the courts. Once an agreement has been made, parents can establish set vacations that they both come to rely on.
Just remember, whatever you have worked out, it is still necessary to let the other parent know when you are going out of state with the kids.
Your family lawyer can help you and your spouse create a co-parenting plan. A co-parenting plan is crucial for child custody situations, even if the parents do get along. The plan puts in writing every important child custody issue, along with vacation schedules and dates and is now enforceable by the courts.
In the absence of a parenting plan, there is nothing for the court to mandate. It is necessary to go back to court and file a motion to request an out of state vacation.
This does not mean you will get a quick ruling on your filing. It may take months and by the time it is resolved, summer could be over with everyone suffering, especially the children.
If you do not have a plan in place or have not worked out a co-parenting plan you need to start the process now. You may not get the answer you need for this summer but it will help establish vacation times for years to come.
PJ Hartman can help you resolve child custody issues such as support and visitation plans with integrity and civility. Her office is located in downtown Albuquerque. Contact the office today to schedule a consultation.