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Can you be detained for flying alone with your child?

On Behalf of | Dec 23, 2024 | Family Law

If you are recently separated or divorced, you may fly with your child at some point -– whether for vacation or to visit family. Being a “single” parent flying with a child may present many challenges – particularly if you have a young child.

You may come under more scrutiny from airport security personnel and airline employees if you are traveling alone with your child. If your child is biracial or a different race than you (particularly if your last names are different), you may find yourself and your child subjected to questioning or even detained.

It is important to know why such a situation might happen. Airport, TSA and airline personnel are trained to watch for signs of child trafficking. An adult traveling alone with a child – especially one who doesn’t closely resemble them – is one of the signs they are trained to look out for.

Being prepared may make things easier

You may reduce your chances of light questioning escalating to detainment by carrying documentation of your relationship with your child and your right to travel with them.

Getting a travel consent letter signed by your co-parent may be wise if you plan to travel with your child. Such a letter may be particularly important if your custody order and other legal documentation are not finalized yet. If your custody order and divorce decree are final, bring copies of those as well. Having pictures on your phone of you, your child and your co-parent may also help.

While it may seem unfair that you may need to present all this evidence, remember that it may save you the stress of being detained and possibly having your child questioned.

Even if you are just taking a road trip with your child to Disneyland, it is important to ensure that you abide by any travel restrictions you and your co-parent have agreed to. Getting their written consent for your travel may be smart, even if you don’t legally need it. Having legal guidance – at least before your first trip with your child post-divorce – may also be a good idea.