If I have full physical custody of my almost 3 year old daughter, can I take her out of state to visit with family?

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If I have full physical custody of my almost 3 year old daughter, can I take her out of state to visit with family?

I share partial legal custody with her mother. I just want to take her for 3 days to visit some ailing family members. There is nothing in our decree of divorce or custody agreement that says anything about this situation. Will I be allowed to take her?

Asked on November 30, 2012 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The general rule is that you can indeed take a child out of state to visit relatives, etc., as long as it is not without an intent to return.  In other words, you can not intend to stay there permanently.  That would be considered an interference with parental rights.  You should give her mother notice and the address and phone numbers where you intend on staying just as a courtesy.  Good luck.


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