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Can a non custodial parent take the child out of the country for vacation?

San Bernardino, CA |

Me and my family live in Las Vegas. The custody paperwork is from California. My daughter now lives in Hawaii. I would like to go to Cozumel Mexico for my vacation time with my daughter. I asked my daughters mother to get a passport for her so we could do so. She said my daughter is not allowed to leave the country for any reason. However, my paperwork doesn't state this at all. There are no stipulations on me taking her to another state or country.

i would like to know if the father is wachting his child while the mother is at work with out the mother knowing can that child leave state if the father only say so

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Attorney answers 2


Generally speaking, unless there is some provision in the judgment or other court order that precludes your daughter from being removed form the country it can be done. If you will need a passport and your ex will NOT cooperate with you in that regard you will likely need to go back to court to get an order from the judge authorizing the travel and oridering your ex to cooperate. Good luck with this.


I agree with the above answer. It helps a lot to bring up this issue well in advance in case you end up in court. Certainly the other parent has a right to know where the child will be, for how long and to have some point of contact in case of emergency. Also, if your traveling will interfere with the other parent's visitation time, make a point of offering make-up time.

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