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Can I take my son with my family without parenting plan?

My three year old son's dad and I have been splitting custody, without a court ordered parenting plan. I just found out that my fiancee who is in the military, gets leave for Christmas this year. My son's dad told me that I cannot take him home to Florida with us and my other son? Can I take him without his fathers permission providing I provide him with all travel information and contact information while we are there? I don't want his objections to tear my family apart this Christmas.

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Attorney answers (1)

Reputation Level 20
Without a court order limiting a parent's parental rights, both parents have equal rights to the child, and a parent do not need the other parent's permission to take the child to a lawful place.

Have you two tried to reached some sort of compromise? Being in the armed forces, he likely does not get to decide when he can go on leave.

Would, for example, the father be able to go to FL and spend some time with the son during Christmas?

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