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I have full custody of my son. Can his dad take him out of state without my permission?
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I have full custody of my son. Can his dad take him out of state without my permission?








lillybob0y
it may also depend on the state you live in. Each state may have differnt laws.


?
not legally.


Uncle John
No, not legally. But other wise, yes.


A_2005
of course not! he would be breaking the law!


caffeyw
Rating
It doesn't matter if you were never married he's still the father. Unless your court order states that he can not take the child out of state during visits then he has every right to do so. The only way he'd get in trouble is if he didn't return the child at the end of his visit.


chio
It really depends on what your custody order (e.g. divorce decree or paternity order) says about out-of-state visitation. If dad has visitation rights, and nothing is said about him taking the boy out of state, I don't see why he can't take him out of state.


tzstylin
unless it states specifically 'cannot take child out of state of IN' then sure he can. as long as the child is back in your custody when the papers say he should be, dad can take him anywhere


Magneto
Rating
No,it would have to be with your approval or okayed by the judge,otherwise it's kidnapping.


Loss Leader
Rating
Well, there are a lot of wrong answers and misinformation above.

The first thing to check is any written order of custody and/or visitation. You may have custody of your son but his father may have weekend visitation including overnights. His father may even have vacation periods of a week, two weeks or more.

Some custody orders have language prohibiting the visiting parent from taking the child out of the country, out of the state or even outside the view of a supervisor.

But most custody and visitation orders are absolutely silent on any such issue.

The general rule unless your court order says otherwise is that a parent with visitation can take the child anywhere at all during the visitation period. One minute after the visitation ends, the child has to be home with you. But one minute before, he can be in Parispany, Portugal or Peru.

This is even more true when it comes to state lines. The US really doesn't restrict interstate travel. The father should be able to travel within the US with your child with no problems during his visitation period.

If you have a good reason to fear that the father will actually take off with the child, leave the US or otherwise deprive you of custody, your first step should be to contact the court with a motion to change his visitation to limit his ability to travel with the child.

If the father has left your area in such a manner that it's clear he has no intention of returning or if he has failed to return your son after a visitation, contact the FBI immediately.







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