Taking you kids out of state with you was probably not the first thing that you thought about when you decided to get a divorce. But by now you probably realize that taking the kids out of state might violate the parental rights of your ex-spouse and there are restrictions on doing that.

Can I take my kid out of state before divorce?

When spouses can no longer live together and are divorcing, they often want to put some distance between themselves. In some cases, spouses move out of state even before the divorce is finalized. However, parents of minor children are not necessarily free to move anywhere with a child and file for divorce.

Can I take my child out of state for vacation without my spouse’s permission?

Can a non-custodial parent take a child out of state without permission? If no custody order exists, a short trip without court permission is allowed under normal circumstances. But it’s important to not take the child out of the state against the opposing parent’s wishes.

Can my ex-spouse take my child and leave?

First, legally, they cannot simply leave with the kids. Even though this has seemingly happened for years, the mother has no more right to the children than the father, especially if there is no divorce or custody agreement in place. As a married couple, you share joint-legal custody of the children.

Can a mother stop a father from seeing child?

The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. … The parent with whom the child lives is limiting contact between the child and the other parent. The parents have an existing child custody and parenting time order.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.