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    trace2006's Avatar
    trace2006 Posts: 1, Reputation: 1
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    #1

    Mar 18, 2009, 05:14 AM
    My ex wants to take our son out of state
    My ex is working in Georgia and I live in virginia can he take him out of the state like that? Also he won't tell me where he is taking him don't I have a right to say no? Or should I take him back to court?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 18, 2009, 06:01 AM

    Depends on what the Court Order says and how far he is taking your son - across the border could be 2 miles.

    Who has custody?

    If you go back to Court to get this settled, I would make sure that the Order includes language requiring your "ex" to keep you informed as to the whereabouts of your son.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Mar 18, 2009, 06:13 AM

    As Judy noted, it depends on what your custody/visitation order says. But if he is doing this on his visitation time and the child is returned when that visitation time is up, then there should be no problem. For example, if he has the child on alternate weekends and he picks him up on Friday and brings him back on Sunday, then that shouldn't be a problem. However, not letting you know where he is, is a warning sign.

    Are you afraid he won't return the child, or what? If you feel he is violating the letter or spirt of the custody agreement then you do need to go back to court.
    gurlygurl101's Avatar
    gurlygurl101 Posts: 14, Reputation: 3
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    #4

    Mar 18, 2009, 05:06 PM

    DO NOT let an ex take your son out of state! Especially when he won't tell you where they are going!! That's just not even right. And I don't think the courts would like the sound of that either (depending on the custody you have worked out already).
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Mar 18, 2009, 06:00 PM
    Quote Originally Posted by gurlygurl101 View Post
    DO NOT let an ex take your son out of state! especially when he wont tell you where they are going!!! thats just not even right. and i dont think the courts would like the sound of that either (depending on the custody u have worked out already).

    Please don't use text speak on the legal boards and please only give LEGAL advice. While no one thinks this is "right," it is not illegal.

    If you know of a way to stop the "ex" from taking the child across the State line, other than the advice already given, please post it.
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