22 February 2011 0 Comments

Out-of-state visitation

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It is difficult enough not seeing your children for a few days when they go to stay with your ex-spouse during his or her visitation time, but when that spouse lives out of state, problems maintaining visitation could be multiplied.  Out-of-state visitation is becoming more and more common among people who relocate after their divorce. 

Because one parent now lives out of state, it will be difficult for the children to see their mother or father on a weekly basis.  A new visitation schedule will have to be created; one that might include spring, summer and fall breaks, plus part of the Christmas holiday time.  The schedule could also include alternate Thanksgiving and Easter holidays.  Keep a copy of your court order for visitation in case problems arise.  The Uniform Child Custody Jurisdiction and Enforcement Act enforce the custody agreement drawn up in the state in which the children lived at the time of the divorce.

Both parents should discuss transportation and costs for these visits.  It would be wise to add this information to your parenting plan to prevent confusion and disagreements later on.  Many airlines will not allow children under 5 years old to fly alone, so an adult will have to accompany the child if this is your case.  You can also consider driving your children, a bus or train ride.

It is always wise to keep a good communicative relationship with the custodial parent.  Offer assistance if needed.  Be available when your children need you.

If your ex-spouse has moved out of state and visitation must be revised, contact an experienced San Bernardino Family Law attorney who can work with you every step of the way to make sure the best interests of your children are met.

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