QUESTION
Can we get a petition if my boyfriend’s ex-wife does not want her children attending wake/funeral during the planned week?
Asked on Apr 17th, 2014 on Child Custody - Idaho
More details to this question:
My boyfriend's uncle just died and they are planning on waking him the week we have his two girls. His ex-wife said she does not want her children leaving the state to attend this, so we either do not go or we give the children back for a few days. Is it possible there is some sort of petition we can go to court for? We want the children and plan on not having them go to the wake or funeral, but would be with me (girlfriend) in a hotel and then site see while there. By the way, she has full custody.
2 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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First, there is no custody as such in WA. She has the majority of time. If the parenting plan allows him to take the children out of state he can take them out of state. If it doesn't he cant. I assume you meant there will be a wake, since the uncle is dead and can not be wakened. The father can assure the mother the kids will not go to the funeral/wake although she has no authority to control this. The real issue here is whether this is time allocated to the father and whether the parenting plan allows him to take the kids out of state.
Answered on Apr 25th, 2014 at 1:21 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Unless the order prohibits out of state travel, mom has no say in the matter. If it does, then yes, your boyfriend will have to go to court.
Answered on Apr 24th, 2014 at 5:44 PM