SPARC Forums

Our case is in MI

I am the custodial parent. We share legal custody. Dad has alternating weekends. There is no mention in the the order regarding dad taking child out of state.

1) Can dad take her out of state during his visitation without my consent?

>Our case is in MI
>
>I am the custodial parent. We share legal custody. Dad has
>alternating weekends. There is no mention in the the order
>regarding dad taking child out of state.
>
>1) Can dad take her out of state during his visitation without
>my consent?

Yes. The right to travel within the physical borders of the United States is fundamental and is protected by the due process clause of the 14th Amendment. Unless the court order expressly restrains a parent from traveling with the child, the parent may exercise his/her fundamental right.

A child's fundamental right to travel is constrained by the court's compelling interest in the child's welfare. If a parent requests that the child's travel be restrained and shows that his/her interest in the continued access to both parents may be harmed (because there is some risk of flight), then the court will restrain the parent's right to travel with the child.

Travel outside the U.S. is an entirely different matter, because there is no corresponding fundamental right. Additionally, there is a risk that the child will be removed beyond reach of any legal process of the court. Thus, in cases where a parent has close ties to another nation, the court may restrain the child's travel and order the child's U.S. passport placed in protective custody.

Note, that it is never the parent's right to travel which is restrained -- it is always the child's.