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Can i take my child on vacation out of the country if i have shared custody?

Medway, MA |

when my son was a month old me and his father split up but we decided on shared custody. I moved in with an ex that month and now 3 years later we are maried. My sons father sees him once a week. my husbands family is in brazil and we want to go visit for 10 days. but my sons father wont give me permission. can i get permision from the court? i live in massachusetts

Attorney Answers 3


You need the father's permission.

If the father refuses, then you would have to file an action to seek the court's permission.

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If the child's father will not give permission you will have to petition the court for an order to allow out of the country trips and to obtain a passport for your son. You will need to file a complaint for modification of your current orders. Since this does not sound like an emergency it may take eight months or better to get a judgment, unless the father relents and you reach an agreement.

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If your sons father will not give you permission, you will need to petition the court for permission to bring your son to Brazil.

If you wish to discuss this matter further, please feel free to contact me directly.

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