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    cinmor's Avatar
    cinmor Posts: 4, Reputation: 1
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    #1

    Nov 16, 2011, 05:04 PM
    Sole legal custody and primary physical custody?
    My daughter has sole legal custody and primary physical custody of her son in the state of Az. And that is exactly how it is stated in the divorce decree. Does she need permission from the father to travel out of the country on vacation or does she just need to tell him?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 16, 2011, 07:28 PM
    Is there any other clauses in the child custody agreement, parenting plan which is not always part of the divorce but part of the agreements that happen during or before the final divorce.

    Normally there is no permission needed to travel on vacation, unless it is going to be a very extended. If the father has normal visitation, the parenting taking the child out of state, should try to accomidate the other if any visit days are missed.
    cinmor's Avatar
    cinmor Posts: 4, Reputation: 1
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    #3

    Nov 17, 2011, 07:52 AM
    My original question was, My daughter has sole legal custody and primary physical because
    My original question was, My daughter has sole legal custody and primary physical custody of her son in the state of Az. Does she need permission from the father to travel out of the country on vacation or does she just need to tell him? The only clause that was added during the final divorce was visitation rights every other weekend for the father. She has actually allowed him to have the child for 2 to 3 weekends in a row cause he claims to be lonely and now that she wants to take a two week vacation with her son he has said he will not allow it and if she leaves he will call the police and have her put in jail . Can he do that? Is there some legal document she can obtain allowing her to go on vacation for two weeks without having problems? She already has her sons passport.
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    cinmor Posts: 4, Reputation: 1
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    #4

    Nov 17, 2011, 08:06 AM
    You asked if there is a clause on the divorce decree and the
    Only clause is that the father has visitation every other weekend. She has actually allowed him more time with the child than stated on the final divorce decree from 2 to 3 weekends in a row cause he says he is lonely and now that she wants to take a 2 week vacation out of the country he has told her he won't allow it and if she leaves he will call the police and have her arrested and also that he will take the child away from her. Is there a legal form that she can file to be able to go on vacation and not have these kinds of problems? Also the child's father is from another country but a is a legal resident of the USA. Is there something she can legally do to prevent him from taking the child out of the country? She is afraid he will take her son and not come back.
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    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Nov 17, 2011, 08:17 AM
    Neither parent can legally remove the child from the US without the written consent/approval of the other parent.

    Either parent can request the Court to "force" the other parent to consent... but those motions (in my area) are almost never granted.
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    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Nov 17, 2011, 08:17 AM
    First he may call the police but there is nothing they can do, and he can not legally just take the child away from her for going on vacation.

    If she wants, she files in court to get the child custody to specificly state she is allowed to do this.

    The father seems like he is still trying to control her by threats.
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    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Nov 17, 2011, 08:18 AM
    As a side note since I can not PM you, do not start a new thread to give more information, these are not blogs and it does not work like that. Please "answer" your own question to give follow up info. I have merged your various posts together.
    cinmor's Avatar
    cinmor Posts: 4, Reputation: 1
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    #8

    Nov 17, 2011, 08:32 AM
    She has sole legal custody and primary physical custody and didn't need his signature to obtain a passport to travel outside the USA. Because of this it is thought that a consent is not necessary and as long as it doesn't interfere with his weekend of visitation it would be OK to travel.
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    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Nov 17, 2011, 08:58 AM
    You thought wrong.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #10

    Nov 17, 2011, 01:58 PM
    Quote Originally Posted by cinmor View Post
    She has sole legal custody and primary physical custody and didnt need his signature to obtain a passport to travel outside the USA. Because of this it is thought that a consent is not necessary and as long as it doesnt interfere with his weekend of visitation it would be ok to travel.
    Someone messed up. His signature should have been required to get a passport. The reason being that the passport allows exit from the country and acceptance into another. The "legal" part of her court order only covers for schools and doctors and decisions inside of the home boarders.
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