My sister and her husband are in the process of getting divorced. They have a 10 month old that he wants to take states away for vacation. Her attorney said she has to let their child go or she will lose custody in the divorce is this true? I thought he had to have permission just to cross state lines.

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Originally Posted by worried62

... I thought he had to have permission just to cross state lines.

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The mother's permission?
Where did you get that idea?

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Originally Posted by AK lawyer

The mother's permission?
Where did you get that idea?

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When I was young, my mom had to have a signed statement from my dad allowing her to take me on vacation. And I was 14 at the time! Their child is still under a year old!

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Originally Posted by worried62

When I was young, my mom had to have a signed statement from my dad allowing her to take me on vacation. And I was 14 at the time! Their child is still under a year old!

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It's difficult to guess why this may have been. Perhaps there was a custody order requiring that. Or perhaps your parents just thought this was required.

Anyway, she should rely upon the advice she has received from her lawyer. He/she probably knows best, especially since the lawyer knows a lot more about the situation than we do.

I suspect the attorney feels that if she refuses to allow the father to take the child on vacation that she will be seen as difficult and might tip the opinion of the judge against the mother. And I suspect the attorney is telling her to GIVE permission not that he doesn't need permission.

Vacation is not like moving and unless there is a court order that restricts his vacation time, there is no requirement to get permission, when the father has his weeks or time of visits he may take them on vacation where he wants.