Can grandparents take 3 grandchildren out of state with father telling them no?

Asked over 2 years ago - Elk City, OK

My son is going through a divorce right now but has not been to divorce court as of yet.He was served papers by his wife and they stated if either parent were to go out of state with the kids, one parent has to be with the children. His in-law's took his three children to NORTH CAROLINA yesterday. My son, the children's father, told the grandparents all last week they were NOT TO TAKE the kids across the state line unless a parent was with them but the grandparetns just decided to do it anyway. (They have always done what they wanted to do and never respected my son's wishes) My son called the local authorities and he was told "it is a civil matter" How can this happen? How can they just take three children (out of state (from Oklahoma to North Carolina) ages 13,9,6

Attorney answers (1)

  1. David A Tracy

    Contributor Level 6

    Answered . If the grandparents had the permission of one parent to take the children, they did nothing wrong. Since there is no custody or visitation order in place, they can rely on their daughter's consent to the trip. I assume the children will be back within 1-2 weeks. The parent who granted permission over the other parent's objection may need to explain her actions to the divorce court in the near future. However, be prepared for a judge to not be too worked up about grandkids getting to go to North Carolina for a few days while their parents squabbled over custody. The less conflict you expose the children to, the better for them.

    Oklahoma retains child custody jurisdiction. The local court will eventually enter orders regarding the who, where, when and how of child custody. Many factors go into a custody decision. One parent denying the other parent access to the children is just one of them. Get a lawyer in your area with family law experience. That person can help you see the trees and the forest.

    If we do not have a written attorney-client agreement: I am not your lawyer; you are not my client; this is not... more

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