Do I Have To Get My Ex-Spouse’s Permission To Take My Children to Disneyland Resort?

Hossein Berenji, Jul 05, 2024

Unless your parenting plan restricts what you can do with your children on the days you have them, you should be able to take your kids to Disneyland Resort without permission from your ex-spouse. 

However, if you travel across the state or intend to leave California for vacation, you might need permission from your ex-spouse. It all depends on the terms and conditions in your court-approved parenting plan and California’s child custody laws.

Who Decides What Terms To Include in a Los Angeles, California Parenting Plan?

Parenting plans outline how parents divide responsibilities and how they will share time with their children. A parenting plan includes whether one parent will have physical and/or legal custody (sole custody) or if the parents will share custody (joint custody). Parenting plans also include details about how parents spend time with their children (parenting time/visitation).

Other things to consider when negotiating a parenting plan include, but are not limited to:

  • Holidays and vacations
  • Overnight visits
  • Childcare
  • Screen time and phone access
  • Transportation needs
  • House rules and discipline
  • School expectations
  • Extracurricular activities
  • Healthcare decisions
  • School schedules
  • Family and third-party visitation

The parenting plan may also contain terms regarding how far a parent can travel with a child without notifying the other parent. Therefore, suppose your parenting plan states you need your ex-spouse’s approval to travel more than 250 miles from the child’s home. Further, suppose that Disneyland Resort is 400 miles from your child’s home. In that case, you would need your ex-spouse’s permission.

Parents are encouraged to negotiate parenting plans that are in the best interest of the children. The parents could include terms they agree upon concerning travel with the children and other specific situations.

If they cannot agree on the terms of the parenting plan, the court will decide for them.

How Do Judges Decide Disputed Custody Cases in Los Angeles, CA?

California child custody laws require judges to make custody decisions that are in the best interest of the child. Even when parents propose a parenting plan, judges have the authority to revise the plan’s terms if the terms are not in the child’s best interest.

Preferably, judges like joint custody to ensure both parents have the opportunity to remain active in their children’s lives. It also promotes an ongoing, close relationship between the parents and the children. However, if it is not in the best interest of the child for parents to share custody, a judge can grant sole custody to either parent.

What Are My Rights To Travel With My Children When There Is No Court Order Regarding Custody?

The California Family Code states that, by default, each parent is equally entitled to custody of the child. Therefore, you should be able to travel within the state without permission from your ex-spouse if there is no court order or other stipulation preventing travel.

However, traveling outside of California is different. You must generally have permission from your child’s other parent to travel outside of California unless it is an emergency. Therefore, you could travel to Disneyland Resort without permission but not to Walt Disney World in Florida unless you gain permission from your child’s other parent.

How Do I Obtain Permission To Travel With My Child When My Ex-Spouse Refuses To Agree?

Refer to your custody order if your ex-spouse refuses to agree with your travel plans. The custody order should explain your rights and could include a process for resolving the dispute. If you do not have a custody order or cannot resolve the dispute with your ex-spouse, call an experienced Los Angeles child custody lawyer.

An attorney will review your custody order and explain your legal rights and options. You may need to petition the court for an order allowing you to travel with your children over the objection of your ex-spouse.

It would be up to you to prove to the court that the travel plans are in the child’s best interest. However, you also need to address concerns about the travel plans raised by your ex-spouse. Working with an experienced Los Angeles child custody attorney gives you a better chance of gaining court approval than trying to argue the case on your own. 

Contact a Los Angeles Family Law Lawyer Today

If you’re going through a divorce, you need a strong team on your side fighting for your rights. Call Berenji & Associates Divorce Lawyers today to know how we can assist you.

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