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Home > Law > Family Law   »   Leaving the state with kids and not letting ex wife know

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Old Nov 14, 2006, 11:44 AM
purpleangelface
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Leaving the state with kids and not letting ex wife know
Please help!!!!

My fiance and I are going to see my family out of state for Thanksgiving, he is to have his children that weekend, we want the kids to go with us, but his Ex wife is refusing to let them go even if it is our time.

What would happen if we took the kids out of state with out her knowledge? He has joint physical custody of the boys.


Thank you
Jackie

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Old Nov 14, 2006, 11:50 AM   #2  
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Is it time for his visitation? if so than he can take to the kid to visit other family memebers. with joint custody, both make the decision not just one.
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Old Nov 14, 2006, 03:43 PM   #3  
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Unless there is spcific rules for no out of state travel or visit or vacation, nothing happensl

Most rules on taking out of state refer to moving out of state to live.

Now your custody agreement could say anything, so you need to refer to it.

What could happen, she can sue you in family court, try to get custody agreements changed, he could try to do anything he wants, but then he could do that if you don't take them either
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Old Nov 14, 2006, 06:54 PM   #4  
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As Chuck indicated, as long as its his turn, she really doesn't have a say in the matter. Of course she can refuse to let them go to him, in which case he has to take her to court to enforce the custodial agreement.
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Old Nov 19, 2006, 03:41 PM   #5  
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If it's your normal visitation time and there is no established order preventing you from taking the kids out of state, then there should be no reason why you can't. If the ex is preventing you from seeing the kids during your scheduled time, then file a contempt of court complaint. That should make it much tougher for her to do anything similar in the future.
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