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Does my ex's new wife have legal rights to my children if he is out of town? he says she has power of attorney.

Gilroy, CA |

I have 2 children with my ex, he has remarried. He just informed me he will be going out of town for work and that the standing orders will stay in affect. Also court order says he must have written permission from me to take kids out of state, he is planning a trip with kids to Texas, he says he doesn't have to get my permission. How do i enforce tis?

Attorney Answers 2


Your ex has the right to do what he wants with the children on his own custody/visitation time. If he has to work out of town and it is his time, he can arrange for their care, which includes his current wife. That is unless your court order has a right of first refusal written in. As far as taking the children out of state. If it is his custodial/visitation time and he wants to go out of state and it will not interfere with your time, why would you be objecting to his taking the children to Texas? Generally, orders for taking the children out of state are made to prevent someone from moving them out of state for purposes of establishing a residence. It does not apply to vacations. However, if you order does not specify taking them out of state for purposes of establishing a residence, he may be found in contempt for taking them without your permission. However, if he goes, and brings them back, and it does not interfere with your time, even if the court did find him in contempt, it would be nothing but a slap on the wrist.

Michael is in San Jose, California and can be reached at 408-295-4232 or at Consultation fees, rates and retainers vary based on need and ability to pay.

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2 lawyers agree


The other answer is correct.
If you want to change anything in your custody orders, or prevent him from doing something that might violate the order, or modify the order, or enforce the order, you will have to file a motion in the court that issued the order.

Unless the order prohibits his new wife from being near the children, then there is nothing wrong with him leaving the kids in her care during his visitation schedule. It is kind of like having a babysitter. A court is not likely to prevent you from leaving your kids with a babysitter or in day care.

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