Can a non-custodial parent who lives in a different state, leave the state without the children during his visitation?

Asked about 1 year ago - San Diego, CA

- Custodial parent and the minor children (ages 2 and 4) live in CA.
- Non-Custodial parent lives in WI.
- Non-Custodial parent's visitation begins on 6/29/2013.
- A hearing on modification of child custody and child support is occurring on 7/3/2013 at 9:00 AM in CA, at which the non-custodial parent must appear in person.
- Can the non-custodial parent leave the minor children in the state of WI without him for at least one overnight and possibly two overnights or does he have to bring them with him?
- Upon information and belief he has no professional child care set up.

Attorney answers (2)

  1. Alexandra Rachel Lavinsky


    Contributor Level 12

    Answered . It depends what the current order says and if there is a Judgment, what the Judgment states.

    The information and material are provided for general informational purposes only and are not intended to be legal... more
  2. Jennifer Anne Coenenberg

    Contributor Level 6

    Answered . That really depends on what provisions are in the current order- in terms of traveling, in terms of child care, etc. If Custodial Parent is not opposed to Non-Custodial Parent traveling with the child to California (and to be safe they get that in writing), it really is a non issue. It is when they are not in agreement that the existing order mandates what they can and cannot do. Without those facts, it is hard get more specific in terms of an answer...

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