Child custody - Going out of state

[lulu91]

The father of my child and I have split custody of our daughter and I want to take her out of state for a few days how do I go about doing this? Do I have to get a concent letter from him? What if he says no? Is there anyway I could take anyway?

[Friend In Court]

re: Child custody - Going out of state

The father of my child and I have split custody of our daughter and I want to take her out of state for a few days how do I go about doing this? Do I have to get a concent letter from him? What if he says no? Is there anyway I could take anyway?

Is this just for a vacation, a short trip? If there is no prohibition from you leaving the state with the child, then as far as the court order goes, you would not be violating it. As long as you do not breach the father's court ordered time with the child.

The best way to proceed, however, is to get written consent from him for the trip with the child. That way he could not allege you were attempting kidnapping. Just to be on the safe side.

If he refuses you could always petition the court for permission for the trip. And at that time perhaps have the order written in such a manner that in the future out of state trips (vacations, family visits, etc) will not require the court's permission -- as long as the other parent's time with the child is not infringed upon. Judges hate to see parents coming back to court for minor matters, clogging their calendars. They expect them to be adults and act like it.