If my wife and I are separating and I have a trip out of state that I want to go on with my 3 boys, can she stop me from taking them?

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If my wife and I are separating and I have a trip out of state that I want to go on with my 3 boys, can she stop me from taking them?

Do I need her permission to leave the state with them?

Asked on January 31, 2016 under Family Law, Iowa

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As long as there is no formal agreement in effect regarding custody, then as their father you have the right to take your children on an out of state trip without getting their mother's permission. However, if there is such an agreement in effect, then you cannot leave the jurisdiction with them without their mother's approval. Additionally, if you fail to return with them, then she can go to court and file for custody. At that point you would be legaly obligated to return. If you didn't then you could be charged with parental kidnapping.


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