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    ms.navarrete's Avatar
    ms.navarrete Posts: 12, Reputation: 1
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    #1

    Apr 16, 2012, 11:35 PM
    Can I take my kids out of state for vacations with out the fathers consent?
    I'm planning on living the state for about a month, and I'm taking my kids with me, but the father don't want me to take them with me, my plans are to just live with out letting him know. We have a split costady no visitation order he can see the kids when ever he wants, can I just go with out getting in trouble?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Apr 16, 2012, 11:40 PM
    Quote Originally Posted by ms.navarrete View Post
    ... We have a split costady no visitation order he can see the kids when ever he wants, can ...
    If that's what the order provides, and if he wants to see them while you are away, you will have interfered with his custody. So, yes, you can get in trouble for this.
    ms.navarrete's Avatar
    ms.navarrete Posts: 12, Reputation: 1
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    #3

    Apr 16, 2012, 11:50 PM
    But we have never been to court, regarding custody. We just got separeted and that's it, we have not file for divorce eather.he sees the kids every other weekend. We been separated for 4 years already. Is your answer the same?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Apr 17, 2012, 03:25 AM
    Yes. Even though there is no court order now. If you leave and he calls or shows up to pick up the kids for his customary weekend and you are no where to be found, he can go to court. If you are hiding the kids from him, he can swear out a parental kidnapping warrant. If he knows where you are, he can apply for primary custody and cite your interfering with his visitation as cause. As long as he can establish to the court that he has been a regular part of his children's lives and that you willfully interfered with that, it could go against you.

    I would suggest that you try to negotiate with him. Maybe give him some extra time in return for agreeing to let you go. And get it in writing.
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