Can I take my daughter out of state?

Asked about 1 year ago - Schaumburg, IL

My ex and I have joint legal custody of our 3 year old daughter. I have physical custody. I would like to take my daughter on vacation to Michigan (2 hours away) for 3 days. This time does not at all interfere with my ex's visitation time with my daughter. I informed my ex that I was planning this trip 15 days prior. He's saying that I can't take her out of the state on vacation because I did not give him a month's notice of this trip, despite the fact this trip does not affect his parenting time with her. His reasoning is just because "that's what it says in the agreement." I have family in contiguous states and I foresee many weekend trips (on my time) to visit family, where a month notice will not always be reasonable based on schedules. Do I need to go to court to amend the agreement?

Attorney answers (3)

  1. Luke Parrish Hajzl

    Contributor Level 7

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    Answered . It sounds like you have a Joint Parenting Agreement/Final Custody Order. Those agreements typically have a clause about out of state vacations. You should review the agreement to find the exact language. It may be the case that one month's notice is required. In the event you violate the agreement, his recourse would likely be a rule to show cause. However, if he were to AGREE to the (get an email) that it is ok, then you should not have a problem. Almost all of those agreements have a clause to cover this type of situation. Hopefully, he will be reasonable.

    This is not intended to be legal advice and no attorney client relationship exists by virtue of this answer. Your... more
  2. Gary L. Schlesinger

    Contributor Level 20

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    Answered . yes, you need to go to court to amend the agreement. this section means you cannot go to lake geneva for the day without thirty days prior notice. that is not usual.

    but, we cannot tell you to go in violation of the agreement. but i doubt a judge would do much if anything about it if it does not take any of his parenting time.

  3. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

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    Answered . Review your agreement. Usually notice is needed for the yearly vacation time but not typically for short weekend trips out of town. He needs to know where you are but cannot really veto your trip.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more

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