What is the law concerning taking children out of the country if you are divorced and have custody?
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What is the law concerning taking children out of the country if you are divorced and have custody?
 
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ouragon
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It isn't a law, it's according to your custody agreement. If you aren't forbidden from doing it, you are allowed. Your ex can go to court and get an order prohibitting you from doing it., though. It's never kidnapping unless you're violating an order or going outside state lines to deny the other parent access. Google "parental kidnapping."Read it for yourself. People on Y!A tend to be wrong about it. Emotions aren't laws.
EDIT: My ex has taken our three girls out of the country at least ten times in the last five years. He never needs anything from me. That's another rumor. How would the Department of Homelend Security know if the note was from me? Incorrect. All you need is a passport and your children.
EDIT: It would be CONSIDERATE to tell the other parent, but it is not required. You're getting horrible legal info here. It's all opinion, and it's wrong. |
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Ocimom
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In most cases now (because of parental abduction cases), you will need the written permission from the other parent to take the child out of the country - even for a vacation. |
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lorisam7879
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It depends on what the child custody agreement says. Just because you are given custody does not necessarily give you the rights to take the children out of the country, especially if the father has custody as well or consistent visitation.
If the agreement does not give permission, you may need to return to court and get the child custody order amended to include specific permission for you to take the children out of the country. Otherwise, the father may be able to file kidnapping charges (again if he's got joint custody or regular/consistent visitation) |
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blues breaker
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it all depends on how your custody order reads. if there is no mention of something like this you must tell the other parent your plans. |
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Pam R
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It has to be agreed upon with the noncustodial spouse or it is considered parental kidnapping. |
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Adult 
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