[motomad]

I am the divorced father of two, ages 2 and 4. My family resides in Oregon and Arizona. I live in California. My ex allowed me to take our children to visit family in Arizona last thanksgiving for a week. She is not willing to allow me to visit my family in Oregon. We missed my fathers 60th birthday with all the family up north attending. Is it possible to get the courts to allow me the ability to take my kids out of state for vacations? She was dating at the time of the thanksgiving trip and I really do not want that to be a factor for upcoming family get togethers. We both own homes in Elk Grove and work locally. I am considering taking her back to court for a better visitation schedule that allows for more consecutive time for both of us. Right now the custody schedule was written up to work with her school schedule. Her classes will change soon and she has been requesting to modify the schedule to work around it. However, she wants to trade the time tit for tat. We split the custody in a difficult arrangement now. Would a 2/5 schedule be reasonable? Her upcoming classes go Monday Tuesday or wedndesday Thursday. The schedule now is 45/55%.

[Fr_Chuck]

It can be anything you want, she can't actually stop you from taking them out of state, as long as it is on your time you have them, she can only stop you if you need or want additional time.
** unless the order states you can not take them on vacation out of state. Travel out of state is not the same as moving out of state.

So is it that your order says you can not vacation out of state, or do you need just additional days for the trip.

But 50/50 split is very common now a days, each getting a child for a week, or it can be anything you and her can work out.

[motomad]

Thanks Chuck,
Unfortuntely California automatically stipulates that you have to have written permission from the other parent to cross state lines. I have heard of other parents able to fight this, but would really like to know if ages and or what else would be a factor. I hope to get all the information I can to determine if I have a case that would at least be possible to win in court. I feel it is the only way my kids would get to know and build a relationship with my family up north. She has gone through extreme lengths to fight this and unless I am well informed it would be a useless battle.

[AK lawyer]

...
Unfortuntely California automatically stipulates that you have to have written permission from the other parent to cross state lines. I have heard of other parents able to fight this, but would really like to know if ages and or what else would be a factor. I hope to get all the information I can to determine if I have a case that would at least be possible to win in court. ...

You want to know whether, of she refuses to give you permission, you can fight it. No doubt.

But since you desire to be such an expert, I suggest you study the pertinent statutes and court rules so that you know them backwards and forwards.

[ScottGem]

Unfortuntely California automatically stipulates that you have to have written permission from the other parent to cross state lines.

Where did you get that from?

But most family courts are big on family. I see no reason they won't grant permission for an out of state visit.