In Ohio, can a non custodial parent take a child out of state on vacation without the custodial parent's permission?

Asked over 2 years ago - Toledo, OH

I have custody of my daughter. Her father wants to take her from Ohio, to Virginia for spring break.

Attorney answers (2)

  1. Melissa Ann Graham-Hurd

    Contributor Level 9


    Lawyers agree

    Answered . The answer depends on what your decree provides. Most decrees will provide that parents will provide the location where a child can be reached while traveling away from home on vacation or overnight with the other parent, and information about how travel is to be accomplished (flight numbers and name of airline, especially). Most decrees provide for regular telephone communication between children and the non-traveling parent. Some decrees prohibit travel out of state without permission, but unless the decree provides a bar to out-of-state travel, each parent can enjoy his/her vacation parenting time with a child where he/she wants.

  2. Todd Bruce Kotler

    Contributor Level 16

    Answered . Attorney Graham-Hurd gave you a textbook perfect answer.

    Re-read your separation agreement, divorce decree and parenting plan (if you have one). It should be under the "parenting time" or "visitation schedule" section.

    Good luck

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