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

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. 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 advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  2. 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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