Custody is always a concern for parents who are going through a divorce, but it may be an even bigger issue if you or your spouse travels frequently. Whether you do so for your job or other circumstances, it may have an impact on custody arrangements.
There are a few things you should be aware of when it comes to negotiating custody and maintaining the ability to travel frequently, too.
You may need permission to travel with your child
Regardless of who has custody, you may need permission to travel if you are bringing your child with you. This is true of both out of state and international trips. This will typically take the form of court-provided approval from a judge, and its importance should not be underestimated. In a worst-case scenario, failure to obtain this permission may qualify as a form of parental kidnapping.
Who is the primary caretaker?
If you worry that your frequent travels will hurt your campaign for custody, you should understand what exactly a court takes into consideration. According to the North Carolina Bar Association, mediation is one of the best ways to negotiate custody with an ex, but if you cannot reach an agreement, you should prepare for court. A judge will be most interested in knowing who your children’s primary caretaker is, and frequent travel does not disqualify you.
Travel should not prohibit seeing your child
Regardless of which parent has primary custody, you should never be denied the opportunity to see your children because of your travel itinerary. If you must be gone frequently, when you are at home, it is the responsibility of your ex to facilitate you seeing your children according to the custody arrangements you have agreed upon.
There are plenty of concerns you might have when you are facing a divorce and negotiating custody. Contact a lawyer if you want to understand your legal rights in this situation.