I live in San Bernardino County in California. My daughter will be 2 yrs old in December. Her father and I were never married and are no longer together. We have joint custody and in our custody agreement he sees her for a couple hours every other day and has her every other weekend from Saturday night through Monday evening. However, we do not have anything in it that covers out of state trips. He refuses to let me take her out of state and said he will not babysit her during the days I am supposed to have her. Can I still take her with me without his permission since it is just for 4 days and 5 nights and I have informed him of where and when the trip takes place?
If nothing in the agreement says that you can't take her out of state for a vacation, then you can take her. The point of advising him of the trip is 1) to give him a head's up, and 2) allow him the opportunity to go to court to obtain an order stopping you from going. He'd have to have very good grounds to stop you from taking your daughter on a vacation for a few days. Does your agreement say anything about vacations? That would be my only concern is that he could accuse you of interfering with his visitation, although I doubt the judge would sanction you. You might want to clean up the agreement at some point to make sure it provides for out of state travel and vacations.
I can be reached at 714-442-1522 if you have further questions. Before accepting any answer as a final answer, you should have your case reviewed by an attorney. No attorney on Avvo has read your paperwork and therefore cannot give a completely valid answer suited to your case.
1 lawyer agrees