Interstate Travel

[Hazel]

My ex-husband and I have had a timesharing/settlement agreement in place for almost two years. Interstate/Out of Town travel is not limited. The Agreement only provides that an agenda is to be provided to the other parent if out of town travel is for more than 1 day -- dates, phone numbers, etc. Each of us has traveled out of state with our daughter without issue.

Father filed a Petition to Modify Timesharing on November 3, 2010. Mother is scheduled to travel out of state with the minor child for Thanksgiving holiday, and provided Father with the agenda for the travel in accordance with the Agreement. Father is now saying that he is not giving permission for the out of state travel since a Petition to Modify Timesharing is an "open custody case" and that he will seek CRIMINAL charges if Mother takes the child out of state. The Petition to Modify does not ask to modify the travel clause of the Agreement.

So my question is: Is there a criminal statute that can be used to stop Mother (me) from traveling out of town/state? Is there basis for him claiming that I now need to get his permission in order to travel out of town/state?

[Attorney Cheri Hobbs]

If your Final Judgment does not have a limitation to out of state travel as you stated then follow the Final Judgment. Since he has vocalized his "non-agreement" with you taking the child(ren) out of state for Thanksgiving, it would be wise to document everything. That way if there is a hearing on the matter you can show that you complied with the "provide an itinerary" etc. If the new Motion he filed addresses wanting to amend that specific section then you might want to get an expedited hearing on just the issue of Thanksgiving travel.

[Attorney Cheri Hobbs]

As an aside: When a party wants to modify Time Sharing, child support or alimony they must file a Supplemental Petition to Modify ______ and then personally serve the respondent. The respondent then has 20 days to file an Answer (similar to the original divorce or paternity case).