Can we take out of state vacation on our allotted week?

[KPWade]

My husband has joint legal and physical custody of his 2 kids, and we trade off with their mother every week.

1. Can we go out of state for vacation on our week?

2. Do we have to notify the mother?

3. Do we need permission from the mother?

 

[cbg]

The answers to every one of these questions should be in the custody agreement. They are not defined by law.

Or, to put it another way, Yes, no and no, unless the custody agreement says no, yes and yes.

 

[KPWade]

It says nothing about out of state vacations in the custody agreement; we have been through the document with a fine toothed comb. The relationship between the mother and father is not good, and the mother has told our daughter that "we need persmission, otherwise it is kidnapping." Can she actually pursue something once she finds out after the fact?

 

[cbg]

If there is nothing in the order saying that the child's father cannot take the children out of state without permission from the mother, then he can. And no, it is not kidnapping.

Of course she CAN "pursue something" after the fact; that doesn't mean her wishes will be granted.

Stand by for Proserpina, who knows more about this than I do.

 

[Betty3]

I agree with cbg. If there is nothing in the custody agreement to the contrary, I don't see why you & your husband can't take the children out of state for vacation during his week. You can hold & let Proserpina verify that though.

 

[Proserpina]

My husband has joint legal and physical custody of his 2 kids, and we trade off with their mother every week.

1. Can we go out of state for vacation on our week?

2. Do we have to notify the mother?

3. Do we need permission from the mother?

1. During Dad's parenting time, he can take the children wherever the heck he wants in the US, unless specifically addressed in the parenting plan.

2. That would be a common courtesy, but again unless he's required to by the parenting plan there's no legal obligation.

3. Unless he's required, etc., etc.