Q: If I have full custody over minor and the father has right to see her twice a week, can I take her out of the country?
By court's decision, I have full custody over my 18 months old daughter. Her father is no good, but he has the right to see her twice a week for six hours each day. He owes me a lot in childr support, smokes marijuana, drinks, doesnt have a place to live. In the court's decision it only says that if I move somewhere else we would have to meet half way if the dad wants to spend time with our daughter. Can I take her out of the country for some time without his signature?
A: The issue isn’t whether you can take her out of the country without his signature. The issue is how will he have visitation as ordered by the court twice per week if your daughter is out of the country? You would potentially be subject to a motion to hold you in contempt for denying him his court ordered visitation rights. The safer way to proceed is to file a motion to modify the visitation order to provide for scheduled trips out of state, vacations, etc.
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