Does the parent with visitation have the right to leave child in another state with grandparents without notifying other parent?

Asked about 1 year ago - Palm Coast, FL

Child has two weeks uninterrupted visitation with father, takes child to Michigan after a few days leaves child with grandparents. Mom talks on grandparents phone to speak to child and child tells mom that daddy went back to Florida. Mom knew about Michigan, but not that father left child there.

Attorney answers (3)

  1. Sandra Kia Ambrose

    Contributor Level 10

    4

    Lawyers agree

    Answered . If the final judgment does not prohibit the father from leaving the child with grandparents and/or if there is not a clause addressing each parents' right of first refusal to care for the child, there does not appear to be anything that is contemptible occurring. It is however, not an action that is in the spirit of shared parental responsibility, which requires both parents to discuss and come to agreement on issues of concern revolving around the child.
    If I had represented the father, I would have advised him to either spend the two weeks with the child, or to advise the mother of his intentions to allow the child time with his/her grandparents. If I represented the mother and she came to me with this scenario, while I would sympathize with her being left out of the loop, I would advise that unless the final judgment prohibits this, or unless the grandparents are a danger to the child, to let it go and move on.

    Sandra K. Ambrose

  2. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . Generally, most parenting plans outline in specifics what you are to do in terms of notifying the other parent about the whereabouts of the minor child. I would have informed the mother and would have advised my client to do so. Furthermore, you have a limited two week uninterrupted visitation with the child and instead of spending that time with the child you are leaving he or she with the grandparents and going out of state.

    That is just my opinion, and others may vary. I hope you get to spend some more of that time with the child.

    You should consult an attorney for advice regarding your individual situation since every case is different and... more
  3. Robert Jason De Groot

    Pro

    Contributor Level 20

    Answered . Oh how crazy we get when little ones say things. Talk to him about this.

    R. Jason de Groot, Esq., 386-337-8239

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