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Can father prevent child from leaving state if he has no legal custody?

Asked Feb 15, 2008, 11:33 AM — 4 Answers
My wife and I live in Oregon and want to take a trip to PA for a wedding and want to take my stepson also. My wife has sole custody of him but the father is telling her that she cannot take him without his permission and that the answer is no. She will not go without her son. Can he legally do this or can we just go anyways?

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450donn's Avatar
450donn Posts: 1,825, Reputation: 1450
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#2

Feb 15, 2008, 12:03 PM
I think a lawyer needs to resolve this one. But in my mind if you were taking my child out of state without permission I would considered it kidnapping. You do not have custody, therefore you are at your X's mercy.
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firstresponse5952's Avatar
firstresponse5952 Posts: 2, Reputation: 1
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#3

Feb 15, 2008, 12:09 PM
Quote:
Originally Posted by 450donn
I think a lawyer needs to resolve this one. But in my mind if you were taking my child out of state without permission I would considered it kidnapping. You do not have custody, therefore you are at your X's mercy.
Yes I may not have custody but she does and she would be taking him. And is it considered kidnapping really if she is the custodial parent?
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George_1950's Avatar
George_1950 Posts: 3,101, Reputation: 1283
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#4

Feb 15, 2008, 01:55 PM
Quote:
Originally Posted by firstresponse5952
My wife has sole custody of him but the father is telling her that she cannot take him without his permission and that the answer is no... Can he legally do this or can we just go anyways?
Your wife has 'sole custody' by virtue of some kind of documentation, separation agreement or divorce decree. Do you have access to it? Have you read it? That will give you the answer you need.
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JE82304's Avatar
JE82304 Posts: 1, Reputation: 1
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#5

Dec 21, 2012, 05:14 AM
It depends on the child visitation order. I don't have legal custody of my children, but have visitation rights. In my order neither parent is allowed to take the child out of the state without permission. I live in Washington State. Depending on the order if you did take the child out of state without permission Its up to the judge on weather or not you would be help in contempt for violating a court order. If you continue to violate the order it is possible for the judge to take custody away.
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