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Family Law

I am currently in a custody battle as my divorce is pending, during this time can my wife take my kids out of the state, where we both live, for a visitation?

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Attorney answers (1)

Reputation Level 8
This answer is not intended to establish an attorney/client relationship. If you are asking whether your wife can take your children on a short trip out of state, the answer is yes. Neither parent has the right to just veto whatever the other parent wants to do. You have the right to some one-on-one time with the children, and so does she. If you believe that some detriment to the children will occur because of this action or any action, you can bring it to the attention of the court by filing a motion. If the lives of the children are at risk, you can take any reasonable action to prevent the danger, including filing an emergency motion for an injunction.

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