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Joint custody taking daughter out of state for vacation without permission.

Massena, NY |

My daughters mother and I have joint custody w/ her having sole physical custody. She won't give me permission to take my daughter out of state on vacation. What will happen if I take her anyway?

Attorney Answers 1


  1. You can petition the court for an order to take her out. Taking her out of state without permission of the parent and the court subjects you to criminal prosecution for kidnapping.
    On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:

    Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
    Legal terms used in litigation………………………………………………………..

    Divorce in General and How It's Handled in New Jersey
    Financial Dos and Don'ts after a Divorce (written by Attorney Gabriel Cheong)
    Child Abduction and International Law………………………………………..

    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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