Is Traveling with Children OK During a Divorce?

 Posted on January 26, 2024 in Divorce

Family trips are an excellent opportunity to enjoy some quality time together. When parents are getting a divorce, it can be especially important to get the children out of their daily routine and let them have a bit of a break from what might be a stressful situation. Are there any laws preventing you from taking your kids on vacation while your divorce from their other parents is not yet finalized? Is it legal to block out several days for a trip before you and your spouse have settled on a custody arrangement? A knowledgeable Yorkville, IL divorce lawyer can answer all these questions.

Is It a Legal Problem to Travel With Kids During a Divorce?

Generally speaking, when a couple gets married and has kids, the law does not get involved in how they decide to raise their children as long as the children are not harmed. If one parent has a job where they need to work during the holidays - like an emergency room nurse, for example - the other parent can take their children to spend the holidays with grandparents or cousins. If one parent has limited vacation days and the other parent does not work or has a job where they have the same days off as their children - a school teacher, for example - the second parent might take the kids on trips without their spouse.

However, when parents have a divorce pending, the situation can seem more complicated. The parents are not yet legally separated and are treated like they were in marriage, with shared parental rights and responsibilities. There may be some confusion around what each parent can expect in terms of custody in general and holidays with their children in particular.

No law specifies what parents are or are not permitted to do during this period. If the parent wants to take the children somewhere within the state, that is legal. They must get the other parent's approval if they wish to go out of state or travel internationally.

Schedule a Free Consultation with a Kendall County, IL Divorce Attorney

Suppose you have yet to get officially divorced from your spouse and want to take your children on a trip. In that case, an experienced Oswego, IL divorce lawyer can explain what you might need to take into consideration. Call The Law Office of Matthew M. Williams, P.C. at 630-409-8184 so you can start making your plans.