Can I take my child out of state during my custody time?

In general, you are able to travel with your children as long as it does not interfere with the other parent’s custody time.

Every Nevada custody order contains a warning that it is a felony to conceal, abduct, or improperly remove a child in violation of a custody order. This warning is aimed at parents who interfere with another person’s custodial rights—not parents who are simply traveling during their own parenting time. If you are traveling during your own court-ordered parenting time and return the child as required by the custody order, simply crossing state lines is generally not a violation of this warning.

You must still return the child on time. A vacation is generally not a valid reason for missing an exchange or extending your parenting time without the other parent’s agreement or a court order.

Sometimes, usually when a parent has a history of abducting the child, a court might prohibit removing the child from an area in another order. But this is rare. In almost all cases, a parent can travel with the children during his or her custody time.

The situation is different for taking children out of the United States. Many countries and airlines require written—and often notarized—permission from the other parent before allowing a child to travel internationally. In addition, your custody order or the court may require the other parent’s consent or a court order before international travel.

You should also review your custody order for any restrictions on travel during the school year. Many orders prohibit taking a child out of school without the agreement of both parents or prior court approval.

Finally, many custody orders require you to inform the other parent of where the child will be each night and provide a phone number where the child can be reached in the event of an emergency. Even if the order doesn’t require such notification, it is a good practice and a common courtesy.

Do I need the other parent’s permission?

Usually not. Unless your custody order says otherwise, you generally do not need the other parent’s permission to take a child out of Nevada during your own parenting time. However, you should carefully review your custody order because some orders contain travel restrictions or require advance notice before extended travel.