QUESTION
Since we are still married and I have sole physical custody can he really stop me from going on vacation with my son?
Asked on May 01st, 2013 on Divorce - Colorado
More details to this question:
I'm planning a vacation to Chicago with my mother and my son for four days but my ex husband said that I couldn't take our son, but I have sole custody. We are still legally married just living separately since we've not gone to court about the divorce yet. I've just filed it last week.
9 ANSWERS
Domestic Relations Attorney serving Milford, MI
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Gabel, Gudmundsen & Gabel, P.C.
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You are permitted to leave the state for a vacation. Your soon-to-be-ex is just trying to intimidate you.
Answered on May 07th, 2013 at 4:53 PM
You need a custody order and court permission since you do not have any orders regarding custody. You should consult a family law attorney or facilitator to assist you.
Answered on May 03rd, 2013 at 12:30 PM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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Generally you can travel out of state for a vacation as long as you are not removing the child for purposes of permanently taking the child out of the jurisdiction. You should provide an itinerary of the inclusive dates of travel, address and telephone where you can be reached. If you have an attorney discuss this with your attorney first.
Answered on May 03rd, 2013 at 12:29 PM
If there is no order or decree in place yet, both you and your husband can take your son on vacation, including traveling outside the state of Utah. Also, if you have just recently filed, you do not have sole custody of your son. You may have asked for sole custody in the divorce complaint, but you and your husband share custody of the child until an order is entered that sets out custody and parent time arrangements. Each of you has full custody and rights regarding your child before an order is entered, the same as each of you had prior to the filing of the divorce complaint.
Answered on May 03rd, 2013 at 12:29 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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If there are orders in effect, you need to abide by the orders. There may be Standing Orders that took effect when the divorce was filed and, if so, those orders may say that no one is to take the child beyond the jurisdiction of the court. I suggest you hire a lawyer.
Answered on May 03rd, 2013 at 12:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends on the orders in place, unless you are ordered not to go, or that the kid out of state, it is up to you.
Answered on May 03rd, 2013 at 12:28 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, you can go on vacation. You technically can't move out of Idaho without his permission, but even that is somewhat sketchy until the divorce action is filed.
Answered on May 03rd, 2013 at 12:28 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You can go
Answered on May 03rd, 2013 at 12:28 PM
Child Custody Attorney serving Denver, CO
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Sturniolo & Associates
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You will need his approval to leave the state once you filed. But if you request for approval from the court, you will likely get approval.
Answered on May 03rd, 2013 at 12:27 PM