Puja Sachdev | May 6, 2024 | Child Custody
Snapdragon Stadium, located on Stadium Way in San Diego, CA, hosts a wide variety of events. Parents often take their children there to see shows, concerts, sports, and other attractions.
Generally, you don’t need to worry about whether you have the right to take your kids to Snapdragon Stadium. However, what if you share custody of your kids with your ex-partner? Can you take your children to Snapdragon Stadium on the days you have custody without notifying your ex?
What Are a Parent’s Rights to Travel With Their Children if the Court Has Not Issued a Custody Order?
Section 3010 of the California Family Code states that a mother and father are equally entitled to custody of a child. Therefore, if a court has not issued a custody order, you should be able to take your child to Snapdragon Stadium without asking your ex for permission.
However, if you want to travel outside of California, you would need to gain the consent of your child’s other parent. An exception would be in an emergency, but you should make a good faith effort to seek permission to avoid problems.
How Do I Know if I Can Take My Child to Snapdragon Stadium on the Days I Have Custody?
Read your custody order before traveling with your children if you intend to travel outside the city where the child lives. The custody order may limit where you can take your children or how far you can take them without discussing it with the other parent. If your custody order does not limit your activities with your child, you should be able to take them to Snapdragon Stadium.
However, if you are unsure, it is best to inform your ex-partner of your plans. You should speak with a San Diego child custody lawyer if they object. An attorney can review your current order and explain your legal rights, including whether you can take your child to Snapdragon Stadium or other locations on days you have custody.
How Is Custody Decided in San Diego, CA?
Parties are encouraged to develop a parenting plan as part of their divorce case that allows the children to spend as much time as possible with each parent. Unless a parent is unfit, it is presumed that children benefit from an ongoing relationship with both parents.
However, if parents cannot agree on custody terms, a judge decides for them. Judges determine legal and physical custody based on the best interests of the child after considering all relevant factors. Parents may share custody, or the court could grant sole custody to one parent if the judge determines it is in the child’s best interest.
Legal custody gives the parent the right to make important decisions for their children. That includes matters related to healthcare, religious upbringing, education, and extracurricular activities.
Physical custody refers to where the child lives. The parent with physical custody takes care of the child on a day-to-day basis. Even when parents share 50/50 custody, the child usually lives with one parent most of the time to provide continuity and stability. The parent with primary care of the child is referred to as the custodial parent.
How Do I Obtain Permission to Travel With My Children Outside of California?
Generally, a parent must gain the other parent’s consent to travel outside of California with their children. A custody order might address this matter, but not always.
If your custody order addresses traveling with your children, follow it step-by-step. If you fail to follow the custody order, you could be held in contempt of court. If the order requires you to give your ex-spouse notice or gain their consent, you must do so before traveling outside of California with your child.If your spouse refuses to consent to your travel plans, call a San Diego child custody attorney. A lawyer can petition the court for an order allowing you to travel with your children. However, contact a lawyer as soon as possible because it could take time to gain court approval.
Contact Our Family Law Firm in San Diego, CA
Contact our experienced San Diego family law lawyers at San Diego Divorce Lawyers, APC today for legal assistance. Contact our San Diego office at (619) 866-3756 to schedule a free consultation.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
