International Travel and Custody Agreements in Michigan: What Divorcing Parents Need to Know
For divorcing parents in Michigan who share custody, it’s essential to address both out-of-state and international travel in the custody agreement. Whether you or your co-parent has family in Canada or overseas—or frequently travels for work—it’s reasonable to want your children to accompany you during school breaks or holidays.
However, concerns often arise when one parent has close family ties abroad or dual citizenship. In these situations, the other parent may be concerned about the risk of international abduction or the risk of non-return. Understanding your rights and implementing appropriate safeguards can help protect your parental rights without overstepping your co-parent’s.
Do Your Children Have Passports?
For children under 16, both parents must consent to obtain a U.S. passport if they share legal custody. Children aged 16 or older require consent from only one parent. It’s important to note that minors under 16 can travel to Canada without a U.S. passport.
If your children already have valid U.S. passports, the U.S. Department of State cannot prevent them from traveling internationally, revoke their passports, or notify you if they leave the country. This is why proactive legal planning is crucial.
Add Travel Restrictions to Your Custody Agreement
To protect your rights, you can request travel-related provisions in your custody order. These may include:
Requiring written consent from both parents before international travel
Mandating advance notice of travel plans, including dates, destinations, and accommodations
Setting geographic limits (e.g., out-of-state or a specific mileage radius)
If you and your co-parent cannot agree on these terms, a judge will decide whether the proposed restrictions are in the best interests of your child.
Work with an Experienced Michigan Family Law Attorney
Every custody case is different. Consulting with an experienced family law attorney, such as John Karafa, Senior Attorney at Tabono Law, can help you craft a parenting plan that balances your child’s opportunities for travel with essential legal protections.