Can my ex-wife take my children out of the state for vacation without my permission.

Asked over 1 year ago - Fort Lauderdale, FL

She has also denied visitation and the children have to sneak to speak with me.

Attorney answers (4)

  1. Gregory Thomas Buckley

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Does the existing Parenting Plan or Final Judgment have language that requires her to seek your permission to take the children out of state? If not, then she is not required to ask.

    However, the issue of her denying visitation and contact with the children is a separate one. If she is violating the existing Parenting Plan, then you should consult with a family law attorney in your area to discuss your options.

  2. Carin Manders Constantine

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . The answer depends on what your MSA or Parenting Plan says. We would have to see the specific documents in order to answer properly. Every case is unique.

    This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq.... more
  3. Daniel A. Bachert

    Contributor Level 14

    2

    Lawyers agree

    Answered . Unless your Final Order of Dissolution of Marriage prevents her from doing so she is free to travel wherever she would like with the children during her scheduled time with them. As for the remainder of your question it sounds as if a Motion for Contempt may be in order with a request for make up time sharing and an award of attorney's fees and costs as a sanction for her contempt.

    Sincerely,

    Daniel Bachert, Esq.
    The Bachert Law Firm, P.A.
    330 Clematis Street, Suite 222
    West Palm Beach, Florida 33401
    (561) 653-3951
    Palm-Beach-Divorces.com

    Please be aware and advised that this public forum is designed to provide only general information, to give you a... more
  4. Sandy Todd Fox

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . Whether or not either parent can take the children out of state would be governed by the parenting plan. If the parenting plan is silent, this may be considered a decision which falls within the ambit of shared parental responsibility.

    If your ex-wife is denying time-sharing and access, you can file a motion for contempt, enforcement and for make-up time-sharing.

Related Topics

Visitation rights in child custody agreements

Child visitation refers to non-custodial parents' rights to visit their children. These rights are commonly detailed in a visitation plan.

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,544 answers this week

3,101 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,544 answers this week

3,101 attorneys answering