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Can a non-custodial parent take a minor child out of state during their parenting time? Especially if custodial parent says no?

Austin, MN |

Non-custodial parent acts out of spite and I am worried she will take child out of state against my wishes. Is this legal? If not, does this action warrant an order for protection?

Attorney Answers 4

Posted

Sorry to hear about your situation. As previously mentioned a non-custodial parent can take a minor out of state during their parenting time, unless a court order or your previous agreements indicate otherwise. Although the custodial parent has legal custody of the child, the non-custodial can still make decisions on behalf of the child when the child is with him/her including going on vacation or out of state. This may be prevented if a judge or court order states that the child may not be taken out of the state.

If you believe that the child is in danger you should seek supervised visits immediately, again you would have to prevent sufficient evidence to prove to the court that it would not be in the best interest of the child for the non-custodial parent to have unsupervised visits. I would suggest contacting an attorney for a free consultation to discuss your facts in more detail.

Best Wishes.

The information provided should be considered an opinion only. This information does not establish a client-attorney relationship. Until the facts of your case are completely evaluated the answer provided could change. You should consider setting up a consultation with an attorney in your area.

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Posted

Unless there is a court order specifically dictating how and where the parenting will be spent, then it is up to the parent with whom the child is spending time. No, this action does not warrant an order of protection. I suggest you consult with a local attorney to review all your rights, options and obligations before you get too worked up over this issue. You can find attorneys by searching among the profiles here on Avvo. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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Asker

Posted

Would you be worried if your ex spouse left the state while in a manic phase with psychotic symptoms? With a history of high speed chase from police with minor child in the vehicle?

Asker

Posted

I would think that the custodial parent has a right to know seeing that the non custodial mother wasn't fit to have any custody except every other weekend.

Mary Katherine Brown

Mary Katherine Brown

Posted

Whether I sympathize with you isn't the issue, and I can tell you that simply worrying won't help anything. If you believe the non-custodial parent is not fit to have unsupervised visitation, then the proper course of action is to present evidence of this to the court and seek an order for supervised visitation. If you do a good job of presenting your evidence the court will agree with you--and attorney can help make sure the evidence gets heard by the court loud and clear. Good luck!

Asker

Posted

Yes, I brought a motion to change to supervised, however it was difficult to present evidence to the judge. Even the child's principal testified on my behalf but the mother had her sister and niece testify (lies) and shed some tears to seem more credible. Prior judge that awarded me custody against GALs recommendations was removed by mother with no support of bias.

Mary Katherine Brown

Mary Katherine Brown

Posted

I'm sorry, I know it is tough, but if there's real danger, then you should keep at it--but get a good attorney on your side or you'll just be wasting your time. On the other hand, if the non-custodial parent isn't perfect and her behavior makes you "nervous" but chances are she's not a real danger to the children, then you should let it go. Good luck!

Posted

Yes. There is nothing that precludes a parent from taking their child out of state during their court ordered parenting time. The only thing that would preclude it is an order to the contrary. It is certainly not an action that would support an Order for Protection.

You must choose your battles wisely. Unless there is some valid reason relating to safety or some other legitimate concern, a motion to preclude such action is not likely to be fruitful.

Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter. Visit online at http://www.minnesotaLawyers.com

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Posted

I take a slightly different approach to this issue. While, technically, the earlier posts are correct - the custodial parent does not get to dictate terms of parenting time when the non-custodial parent exercises it, crossing state lines is a different matter. While I certainly agree that it is not cause for obtaining an OFP in advance (no judge will grant it based on this information), if you believe the other parent plans on removing the child from the state, and you object to it, then you should immediately go to court to obtain a restriction on out-of-state travel. Many judges, in my experience, would agree to such a restriction, and I frequently place such language in the divorce decrees I prepare.

We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code.

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Mary Katherine Brown

Mary Katherine Brown

Posted

Attorney Corbin has given a good answer that highlights a very important point, which is: lawyers and judges alike may approach the same law from different viewpoints. I am confident that all the attorneys here on Avvo make their best effort to provide useful information; however, your best course of action is to try to consult with Attorney Corbin directly, or with an attorney who practices in your local court and who is familiar with the judges most likely to consider your issue. Good luck!

Asker

Posted

I'm currently trying to get assistance through SMRLS due to financial hardships and the urgency of my custody battle. Custody is determined but due to my attempt for supervised visitation, I believe this new judge is wanting to change custody based on the letter appointing a GAL: to make recommendations on long term custody long term parenting time and non custodial mother's mental status.

Michael J Corbin

Michael J Corbin

Posted

SMRLS will probably not represent you - they rarely accept family cases, and even more rarely represent men. Happy to meet with you to discuss. Good luck!

Asker

Posted

Well, the lawyer I spoke with seems interested but I won't know until they look over the paperwork I am sending them. I am unemployed with a broken hand. I cannot afford a lawyer.

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