Category: Custody

Passports, Custody, and International Travel: Helpful Tools for Parents

At the Law Offices of Jennifer J. Riley, we understand that custody disputes can cause sleepness nights and endless worry -especially when international travel is involved. If you are concerned about your child’s passport, the possibility of an abduction to another country, or your child’s other parent traveling abroad with your child without your consent, you certainly not alone.

At the Law Offices of Jennifer J. Riley, we offer free consultations and experienced legal support for families facing these challenges.

Passports Matter in Custody Disputes

It’s important to agree on which parent holds the child’s passport or to establish secure storage if trust is an issue. This helps prevent unauthorized international travel, especially if no Custody Order is in place.

Here are some useful links to help you find a solution and reduce the worry.

The Children’s Passport Issuance Alert Program (CPIAP)

The U.S. Department of State offers a valuable tool for parents: the Children’s Passport Issuance Alert Program (CPIAP). Enrolling in CPIAP allows you to receive alerts if a U.S. passport application is submitted for your child, or if a passport is issued. This program is especially important for parents who:

  • Are involved in custody disputes;
  • Fear that the other parent might attempt to take their child abroad without permission ;
  • Want to be proactive in preventing potential abduction.

You can enroll here:  CPIAP webpage.

You’ll need to send your request to the Office of Children’s Issues. Both parents can access information about their child’s passport unless a court has ended one parent’s rights. Until your child is 18 years of age, you will continue to receive updates.

Can I Revoke My Child’s Passport?

Once a passport is issued, it cannot be canceled simply because one parent changes his or her mind or withdraws consent. If you believe your consent was fraudulently obtained, contact the State Department at PreventAbduction1@state.gov or call 1-888-407-4747 for guidance. We also recommend that you consult counsel immediately – there are ways you can seek the assistance of the Court in securing the passport, preventing unauthorized travel, and protecting your children.

Dual Nationality and Foreign Passports

It’s important to know that your child may be eligible for citizenship—and a passport—from another country, especially if one parent is a foreign national. Enrolling in CPIAP will not prevent your child from obtaining or traveling with a foreign passport. If you have concerns about a foreign passport, contact the embassy or consulate of that country for more information or assistance – and call your lawyer without delay. These matters can be addressed with the Court to find a workable solution for both parents – in the best interests of your children. 

Empowered Advocacy for Your Family

Navigating custody and international travel concerns can be stressful. Our team at the Law Offices of Jennifer J. Riley is here to provide compassionate, devoted, and empowered advocacy—helping you protect your children and your rights every step of the way.

If you have questions about custody, passports, or preventing international abduction, contact us today to schedule a free, confidential consultation. We’re here to help you find find a solution for your family.

Navigating Shared Custody During the Holidays

The holidays are meant to be a time of joy, togetherness, and celebration. But for separated or divorcing parents, it can also bring unique challenges when it comes to custody arrangements. With some planning and communication, you can ensure that your child enjoys the holidays while you navigate the complexities of co-parenting.

Here are some helpful tips for separated parents dealing with custody during this festive time:

1. Communicate Early and Often

The key to successful co-parenting is open communication. As the holidays approach, discuss your plans with your co-parent as early as possible. This gives both of you the chance to express your ideas about how to celebrate and what the optimal schedule is for everyone. Also, be clear about travel plans, gift-giving traditions, or extended family gatherings, so everyone is on the same page. Aim for a cooperative spirit; after all, the goal is to create a happy experience for your child.

2. Create a Co-Parenting Plan

If you haven’t already established a co-parenting plan that outlines custody schedules, now is a great time to create one. This plan should specify how holidays, including Thanksgiving and Christmas, are handled. If one parent has the child on Christmas Day this year, consider alternating years or splitting the day to ensure both parents have time to celebrate.

3. Be Flexible and Creative

Sometimes sticking strictly to custody agreements may not be feasible. Be open to adjustments. For instance, if your child has an event at one parent’s house but is scheduled to be with the other parent, find ways to accommodate the situation. This might involve swapping days or extending visitation hours. Flexibility can help alleviate stress for everyone involved. A balanced approach doesn’t mean splitting everything 50/50. Some holidays may require more flexibility depending on travel plans, extended family gatherings, or work schedules. Be open to negotiating when needed to create a win-win situation for both sides and, most importantly, for the children. Be sure to document those agreements in writing!

4. Prioritize Your Child’s Needs

Remember that your child’s happiness should be your priority. While it can be easy to get caught up in your own plans and feelings, remember that the holidays can be an emotional time for children, especially as they adjust to life with separated parents. Some children may feel overwhelmed by the back-and-forth of shared custody during the holidays. Maintaining a sense of normalcy and tradition can help them feel secure.

5. Create New Traditions, Maintain Existing Ones

If it’s your first holiday season apart, creating new traditions or keeping familiar ones (like decorating the tree or baking cookies) can give your kids something to look forward to and make them feel more comfortable in the transition. You will create new versions of existing holiday traditions!

6. Set Boundaries and Stay Civil

Navigating shared custody during the holidays requires cooperation and mutual respect. It’s essential to set boundaries with your ex in order to maintain a peaceful co-parenting relationship. Avoid engaging in personal conflicts or reliving the past, especially when your kids are around. Keep conversations civil and child-focused to ensure the holidays stay stress-free for everyone.

7. Remember to Take Care of Yourself

While the holidays are often about family, it’s also critical to focus on your own self-care during this time. Coping with the pressures of co-parenting and being away from your children can be draining, so be sure to take time to recharge. Foster connections with friends, family, or support groups who can offer emotional support during the holiday season. If your schedule is especially hectic, allow yourself some downtime for self-care. Whether it’s enjoying a quiet cup of coffee, quiet reading time, a happy hour with friends, or taking a walk, giving yourself the grace to relax can make a big difference.

8. Focus on the Bigger Picture

Ultimately, the holiday season is about making memories and fostering meaningful connections. It’s okay if things don’t go perfectly—what matters most is creating positive, lasting experiences for your children and ensuring that they feel loved and supported by both parents. Whether you have your children for part of the time or for the entire day, make it special. Share the joy of the season, even if it’s in a slightly different way than you might have in the past.

Co-parenting during the holidays may require compromise, patience, and thoughtful planning. But with clear communication, respect, and a focus on your and your children’s needs, you can navigate the holidays with less stress and more joy.

Our lawyers can help you navigate co-parenting schedules and custody arrangements during holidays. Our support is tailored to each client’s unique situation, helping parents facilitate open communication to establish a fair and flexible parenting plan that accommodates all traditions and celebrations.

What’s This Every Other Weekend Thing Even All About? A Song About Separated Parents from the Perspective of the Child. – By Tyler E. Kaestner, Esq.

By Tyler E. Kaestner, Esq.

Country music singer Luke Combs’ new song “Take Me Out to the Ballgame” delivers a rare perspective. Written from the point of view of a child, the song describes the emotions and desires of coming to terms with his parent’s separation, and that his Dad is no longer living with him and his Mom.

The song begins by the Child recalling how he caught a foul ball at a baseball game, had it autographed by a player, and cherished it. He then shifts to talking about having to play ball with himself, and calling his dad to tell him he misses him, before asking if his Dad will take him out to the ballgame. The Chorus and second verse leave all pretenses behind – asking “what’s this every other weekend thing even all about?” – representing a common partial custody schedule that this Child is seemingly experiencing with his dad.

The Child in the song goes on to say that his Mom says she still loves his Dad, and in some way always will, and blames himself for his parents not being together: “I’m so sorry I was bad, I promise I’ll be better.” At the end of the second verse, the Child negotiates with his Dad: “cause I just wanna see you, and if you’ll come back, you don’t have to… take me out to the ballgame.”

The Child in this song clearly does not understand the adult complications in his parent’s relationship, he does not understand why his dad can not just pick him up from the house at any time, and ultimately, he just wants to be a kid and go see a baseball game.

Certainly, there are plenty of valid reasons and circumstances as to why the Child can not see his Dad regularly, and why the Child should not know about adult topics. However, what his song reveals is the innocence, confusion, and insecurity of a Child dealing with his world turning upside down. Sometimes, that perspective is lost in the middle of custody litigation.

While a lawyer’s duty is to advocate for his client, first and foremost, courts must consider the best interests of the child in determining a custody schedule. A family lawyer can help connect these interests, to ensure that the parent he represents, and the child, have a strong, loving relationship – which may be best served by allowing the other parent to come by for an extra visit if it helps the child transition to a new normal.

This is such an impactful song that I think every parent going through a custody dispute should listen to. It might just make your Child’s whole week if they could go to that ballgame with their other parent.

What is the “Right of First Refusal” in custody cases?

The Right of First Refusal is a clause that many parents include in custody agreements.  The provision requires that the custodial parent, if she cannot be with the children during her scheduled time, must first offer the other parent the opportunity to be with the children before seeking third-party childcare assistance. 

For instance, let’s assume Mom is scheduled to have custody of the children Thursday through Sunday.  However, she has a work event on Thursday night that she must attend. Rather than calling a babysitter to watch the children on Thursday night, she must first reach out to Dad to let him know that she cannot be with their children during her scheduled time and will need to call a babysitter. If Dad is free on Thursday night, he has the option to spend the time with the children in lieu of a babysitter.  Dad is not obligated to take the time, of course.  The Custody Order assigns the time to Mom and not to Dad, so he has no obligation to be there on Thursday night.  However, if he is free and wants to take the extra time, he can do so with the Right of First Refusal.

The Right of First Refusal is important for several reasons.  First, it helps to give each parent as much time as possible with their children.  Also, importantly, the provision allows for the parents to be the first choice to watch children in lieu of babysitters.  Depending on the parents’ relationship with one another, the Right of First Refusal can help encourage co-parenting and better communication.

There are some things to consider before adopting the Right of First Refusal in your Custody Order.  First, and paramount – is the extra time in the best interest of your children?  Secondly, is the relationship between you and the other parent healthy or will the additional obligation to communicate more frequently put a strain on an already difficult relationship?  Finally, some parents actually use the Right of First Refusal provision to harm the other parent in court or to keep track of how often the other parent has conflicting obligations.  In cases where the other parent is spiteful, instituting the Right of First Refusal may not be in the best interest of your children.  We always ask our clients to consider their personal relationships within the family when making a decision about whether to add the Right of First Refusal to the Custody Order.

In Pennsylvania, custody agreements can be modified. Therefore, if your Custody Order does not include the Right of First Refusal and you think it would benefit your children, we can help you modify the Order to include it.

Medical Marijuana in Custody: Preventing Your Child Custody Rights from Going Up in Smoke.

Medical Marijuana is a trending treatment for a number of serious medical conditions. Although Federal law classifies marijuana or cannabis as an illegal hallucinogen, 33 state legislatures, including Pennsylvania, have enacted medicinal marijuana laws[1] including the Pennsylvania General Assembly which enacted the Medical Marijuana Act that took effect on May 17, 2016.[2]

The Medical Marijuana Act allows licensed medical professionals who meet special requirements and appear on the state registry to recommend medical marijuana as a treatment to serious medical conditions enumerated in the statute, such as cancer, epilepsy, inflammatory bowel disease, and glaucoma.[3]  Like all medications, there may be some adverse side-effects, but doctors have weighed these side effects against the potential benefits and recommended the treatment anyway. There may be special conditions placed on a patient’s medical marijuana such as limiting the duration of use or the form by which a patient may take the medicine.[4] Adhering to any requirements or limitations is important, not only to a patient’s health, but also his or her pending custody matter.

The Medical Marijuana Act itself includes a specific provision relating to child custody matters. The Act states, “the fact that an individual is certified to use medical marijuana and acting in accordance with this act shall not by itself be considered by the court in a custody proceeding”.[5] In determining the best interest of the child with respect to custody, the Court considers the  provisions of the 16 custody factors enumerated in 23 Pa. C.S.A. § 5328.

One of the sixteen factors courts consider in determining the best interest of the child is a parent’s drug use. Typically, if there is a concern about a parent’s drug use, the court may order one or both of the parties to submit to drug tests, to determine if drug or alcohol use is a problem. The courts may consider a positive drug test as a reason to limit a parent’s physical custody.

So, what happens if a parent has a medical marijuana prescription? The most important thing to remember when dealing with custody matters, is that every case is different, and the court will look at all the facts presented in your particular situation to make a decision. This means that just because a judge made a ruling in one case, does not mean he or she will rule the same way in another. Even though it is the cardinal rule for all custody matters that every case is unique, it is especially important to keep in mind when appearing before the court with a medical marijuana prescription. Because medical marijuana is still relatively new, Judges are still figuring out how to deal with it in terms of child custody.

Courts have been inclined to treat prescription marijuana like other prescriptions where the court considers the side effects of the treatment against the best inters of the child and the custody schedule. For example, if Father injured his back at work and was temporarily prescribed medication to manage his pain, the court would not, on that fact alone, limit that parent’s custodial time. However, the court may consider the side effect of those types of medications and include a provision in the order that states Father is not to be under the influence of that medication at custodial exchanges because it may impair his ability to operate his vehicle safely. If, several months later, Father is still taking pain medication or has unilaterally increased the dosage he takes without consulting his doctor, the court may consider those types of facts and decide to limit Father’s custodial time.

The same holds true for medical marijuana. While the Act clearly states that the prescription itself shall not be considered in making child custody determinations, it does not mean that it will not play a part in the over all consideration of the best interest of the child. Parents are still expected to provide appropriate care for their children and maintain their safety and well-being. If a parent’s prescription cannabis impairs a parent’s ability to care for their child, they may see a reduction in their physical custody. Furthermore, compliance with one’s prescription is important. A court can still order a parent who uses medical marijuana to submit to a drug test and the court can consider those results against the doctor recommendation as a way to check for use or abuse of the medication. In addition, there are rules regarding the storage and consumption of medical marijuana. If a parent does not comply with those rules, a judge may consider that in making a custody determination.

In addition to complying with one’s prescription, one must also comply with the current custody orders of the court. If a previous court order prohibited the use of marijuana, and then a parent obtains a medical marijuana certificate, the court can still find a parent violated a custody order even if he or she were complying with the doctor’s recommendation. The nuances of a particular case can have a significant impact on how the court treats a parent’s medical marijuana certificate.

If you are concerned about how your own medical marijuana prescription may impact your custody case, or you have concerns that your child’s other parent is misusing his or her medicinal marijuana certification, you should contact a Pennsylvania Family Law Attorney to discuss the specifics of your case.

[1] https://www.webmd.com/a-to-z-guides/qa/what-us-states-have-legalized-medical-marijuana and Comprehensive Drug Abuse Prevention and Control Act of 1970

[2] 35 P.S § 10231.101

[3] 35 Pa. C.S.A §§10231.101 – 10231.103

[4] 35 Pa. C.S.A §§ 10231.501 — 10231.510

[5] 35 Pa. C.S.A §§ 10231.2101 — 10231.2110