Can i ask the court to allow me to take child out of country if other parent does not?
4 attorney answers
Unless your custody order prevents it, you may take your child anywhere when it is during your custodial time. If your custody order says that you can't take the child out of the state without agreement or prior court order, you will need to file a motion to get the court's permission. This is the type of issue that, I believe, is best served by having an attorney. If after reviewing your custody order you are unsure of your ability to go on the vacation, contact a local attorney immediately.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on as such. This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state and even county by county. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws, local rules and the area of practice in which your concern lies. Each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
First look at your current orders. Do they prevent you from taking the child of the country? Many orders will state you cannot remove the child from the state for the purpose of changing the child's residence.
If you have to file with the court be sure to start well before your vacation time. Court calendars are usually full and it make take a month or so (if not longer) to get the matter heard.
Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship
You will need to file the request well in advance of the scheduled vacation. Make sure to have evidence of your requests of the other parent, and document their reasons for not allowing such vacation. Maybe, try telling her she is not spiting you, but disallowing your child the opportunity to travel (something that many children, and even adults, do not get to enjoy).
Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.
You can ask the court but the judge will decide.
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