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mendoza2005 · Nov 20, 2011, 01:14 PM

I want to take my daughter for a week vacation to San Diego, CA in March 2012. We lived in FL and I'm currently separated from her dad over 2 years. We haven't got divorce yet but, child support was established and I'm receiving it and he has a girlfriend and I'm seeing some else.

He doesn't want to sign a anything, he doesn't want me to take my daughter for a vacation just be difficult. I have the custody and he only sees her every other weekend picking her up on Sat and dropping her off on Sunday. I told him I need his permission before buying the tickets because I really want to go. And he says he will not sign anything. My family lives in San Diego and they haven't seem my daughter for 3 years and I really want to take her and be away for a couple of days without dealing with his stupidity.

What can I do?

ScottGem · Nov 20, 2011, 01:17 PM

Was the visitation schedule court ordered? Is your trip scheduled so as not to interfere with his visitation?

Unless you are going to be gone during his weekend, I don't see where you really need written permission. But to be on the safe side, Ask the judge hearing your divorce to approve it.

mendoza2005 · Nov 20, 2011, 01:22 PM

We don't have a visitation schedule court ordered we did it. And Yes, the trip interfere with his visitation as we are leaving the weekend he is suppose to have her.

ScottGem · Nov 20, 2011, 01:28 PM

Did the court ratify the visitation? But still I would go to the judge and ask him to give permission.

mendoza2005 · Nov 20, 2011, 01:33 PM

No, court hasn't being involved. I just filed child support and I got payments. We are not divorce yet, we haven't file divorce yet. And there's not schedule written. It was just an agreement between me and him. I just want to make sure I won't get in trouble because he thread me with calling the police.

ScottGem · Nov 20, 2011, 02:03 PM

A court didn't award you child support? If there is no court orders then you have an equal right as a parent and while he can call the police you can then have him arrested for a false police report.

mendoza2005 · Nov 20, 2011, 02:05 PM

Child support was court ordered but we didn't do a visitation schedule. We agreed to it without court being involved. We haven't file for divorce yet

Fr_Chuck · Nov 20, 2011, 02:58 PM

If there is no child custody order, no visits, then you can take the child if you want. Next there is no need to get his permission to buy plane tickets. You could offer two weekends in a row to make up for the one he misses or something.

But normally even if there is a child custody order in place it does not stop you ( or him) from taking the child for a visit during your time.

At worst, reschedule the travel to the time of your custody, where it will not interfere with his time.

ScottGem · Nov 20, 2011, 04:48 PM

Originally Posted by mendoza2005

Child support was court ordered but we didnt do a visitation schedule. We agreed to it without court being involved. We havent file for divorce yet

But my point is there is a court case that was started. That case was presided over by a judge. So you ask the judge to approve this visit. This is just to be on the safe side.

There doesn't seem to be anything requiring his permission as long as you aren't leaving the country. However, that doesn't mean that he can't call the police and make trouble for you. That's why I said getting a judge to grantr permission puts you on the safe side.