Does a father have a say in traveling out of state with a child if it does not interfere with his parenting time?

Asked 11 months ago - Saint Paul, MN

I want to visit some out of state family members, but my daughters father is making it hard by stating that I need his permission in order to do so and is unwilling to give me it.

Attorney answers (3)

  1. Maury Devereau Beaulier

    Contributor Level 19

    3

    Lawyers agree

    Answered . Permission is not required to travel out of State with children if it does not interfere with court ordered parenting schedules and there are no restrictions on such travel delineated in existing orders. However, if the travel is out of the country, some airlines may require parental consent. Moreover, it would be prudent to provide the other parent information as to where the children will be staying and a contact number where they can be reached.

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  2. Tricia Dwyer

    Contributor Level 18

    Answered . Hello. The starting point would be to review the wording of the existing court order. Otherwise, in terms of general information, there is a relatively newer Minnesota law governing out of state moves of the residence of the child, so perhaps the father is mistakenly thinking that newer law may apply. Also, you did not state specifically if you are travelling outside of the USA, so that may be a factor in the father's thinking. You may want to confer with private attorney counsel at this time. Likely you have more than just the one issue to address. Some attorneys, myself included, will confer for free, at no charge. Then, if legal work is performed, some attorneys, myself included, will provide a reduced fee for need. All the best.

    Tricia Dwyer, Esq., Family Law, Divorce Law, Child Custody & Parenting Time Law, Rule 14 Qualified Neutral,... more
  3. Matthew Thomas Majeski

    Pro

    Contributor Level 18

    Answered . I agree with counsel. If it's not explicitly restricted in a court order and it doesn't interfere with parenting time, you may temporarily take your child out of state.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more

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