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

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. 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.

    CALL 612-240-8005 for a Consultation. Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter. Visit online at http://www.minnesotaLawyers.com


  2. 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, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 EVERY DAY OF THE YEAR until 8 p.m. daily. See www.dwyerlawfirm.net


  3. 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 recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

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