Divorced and Traveling with the Children

Hi there,

I cannot believe how cold it is!  At least it isn't snowing again.  I am dreaming of travel to any place warm.

If you are thinking of travel too, this, like so much else, can require extra steps if you are divorced (or separated) with children.  Most divorced parents have shared legal custody and most divorce agreements do make provision for out of state or out of country travel.  If you are pre-divorce you must make arrangements with your co-parent, either directly or in court.

Regardless of your status, there are still procedures to be followed.  Generally agreements require you to let the other parent know, including itineraries and ways to keep in touch.  If you are going to be headed out of the country, in addition to a passport you should have a notarized travel authorization signed by the other parent.  A good resource to decide what you need for traveling abroad with kids is the State Department site.  

If your co-parent has not paid his/her child support and owes you more than $2,500 there is a program which will deny him/her a passport if there is such an arrearage.  There is a good post about this on the Ohio Family Law Blog, although it  is from the viewpoint of the delinquent spouse.

And finally, from my own experience with my grandkids, if you have an iPad, Angry Birds is good for at least a 3 hour flight!

Best,

Nancy

One Divorce Lawyer's Valentine's Day Tale

Hi there,

Valentine's Day is my favorite holiday hands down, but I recognize that for anyone involved in a divorce not so much.  I still think that you can not overestimate the therapeutic value of chocolate, no matter the circumstances.

 

A friend sent me an article from the ABA Journal, "Divorce Lawyers Tell Twisted Tales of Valentine's Day," essentially about how Valentine's Day increases the number of folks filing for divorce.  I have never noticed that myself, but practices differ.  The same friend (you know who you are) asked if I had any amusing Valentine's Day divorce stories.  I think that concept is a contradiction in terms, but then I remembered....many years ago (so many years ago that the folks involved have passed away) defending the deposition of a paramour.  That usually involves instructing the individual on how to raise her fifth amendment privilege, as adultery is still a crime in Massachusetts.  In this instance, the witness had been asked to bring any cards or letters she had received from her lover.  There were about 5 years worth of birthday and Valentine's Day cards.  The wife went ballistic, as it seems the gentleman in question had saved money by buying in bulk.  Wife and mistress had received the same romantic cards, only the names were different.

 

Enjoy the day, or at least the chocolate.

 

Best,

 

Nancy