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ZionLynn · Jul 12, 2007, 02:43 PM

My ex wants to take the kids on a trip to Niagara Falls--US and Canadian sides. Do I have the legal right to say "NO" to out of state/out of country trips? I have physical custody of them, he only has visitation.

XenoSapien · Jul 12, 2007, 02:50 PM

I would think you do. What state do the kids reside in?

XenoSapien

ZionLynn · Jul 12, 2007, 03:01 PM

New Hampshire

XenoSapien · Jul 12, 2007, 03:25 PM

Physical Custody
A parent who has "physical custody" of a child has the right to provide day-to-day care for the child. The key aspect of physical custody in most child custody situations is that the child will live with the parent who has physical custody. Most modern custody arrangements give physical custody to one parent (called the "custodial" parent) and grant visitation rights and shared "legal custody" to the non-custodial parent. Typically, visitation rights give the non-custodial parent exclusive time with the child every other weekend, alternating major holidays, and a number of weeks during summer vacations.

In the past, true "joint physical custody" arrangements were more common, in which the child lived with each parent roughly half the time. Today, such arrangements are rare, and in order to lessen disruption of the child's routine, one parent is usually given primary physical custody of the child.

Example: Mother and Father have divorced, and share legal custody of Child, while Mother is given physical custody of Child. This usually means that Mother and Father share equally in making important decisions concerning Child's upbringing, but Child lives with Mother for the majority of the time. As in most cases where one parent is awarded physical custody, Father is given visitation rights as the non-custodial parent -- entitling him to exclusive time with Child every other weekend, on alternating major holidays, and for four consecutive weeks over Child's summer vacation.

This above is from findlaw.com. Based on this, I'd think you would be able to say no because you have the power of day-to-day care of the child.

XenoSapien

froggy7 · Jul 12, 2007, 07:59 PM

While you may have a legal right to say no, is there some reason you don't want your ex taking the kids on vacation? I remember thinking Niagra was cool when I saw it as a kid, and I'd think that you'd be happy that your kids could have that experience.

Of course, there could (and probably is) be more to the story than what you have posted.

ZionLynn · Jul 13, 2007, 02:45 AM

I am concerned that because his mother and girlfriend (the woman he had an affair with and left me for) are going also, that they may not return from Canada. If he were taking the kids alone I don't think I would mind so much, but the fact that his girlfriend is going also... I don't think that is such a good situation emotionally and psychologically for my kids since we've only been divorced a couple of months and the kids haven't had adequate time to adjust. And I really am concerned that they may not return from Canada; that they may start a new "life" with the new "family"...

XenoSapien · Jul 13, 2007, 03:48 AM

Originally Posted by ZionLynn

I am concerned that because his mother and girlfriend (the woman he had an affair with and left me for) are going also, that they may not return from Canada. If he were taking the kids alone I don't think I would mind so much, but the fact that his girlfriend is going also...I don't think that is such a good situation emotionally and psychologically for my kids since we've only been divorced a couple of months and the kids haven't had adequate time to adjust. And I really am concerned that they may not return from Canada; that they may start a new "life" with the new "family"...

Then I'd definitely say no.

XenoSapien