Can a non-custodial parent be prevented from taking theirchildren on a trip outside of the US?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a non-custodial parent be prevented from taking theirchildren on a trip outside of the US?
My ex-wife has custody of our 3 teenage children. I see my kids weekly and every other weekend, and my support is current. I’ve been remarried about 7 years. My wife and I would like to take my kids on a Christmas cruise to the Bahamas in December; my ex is protesting that, “If something happened to one of the kids outside the U.S. she would not be able to get to them…” Can she keep us from taking my kids on this vacation?
Asked on July 29, 2011 Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
What does your divorce and custody agreement state? Honestly, though, I think that what ever it may state I would go the extra step and call your attorney on the matter. If your trip is going to interfere with her time with the kids and she will not consent you may have to request that the court allow you to do so. Taking the kids outside of the United States without the consent of the other parent can get you in to deep trouble. It indeed sounds as if your ex is just trying to bust your chops but she can stick to the letter of the agreement should she choose. So start working on it now and keep your cool for the sake of the girls. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.