Long Beach, CA asked in Child Custody and Family Law for California

Q: Hello good day I have a question can I take my child out of state on vacation if I let the other parent know what dates

Back and were we are headed to and he says no I did text him and have all the text between us. I told him it will only be for 2 weeks we don't have any orders in place can he say I abducted our child even though I said only for that amount of time

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2 Lawyer Answers
Mike Darlington
Mike Darlington
PREMIUM
Answered
  • Divorce Lawyer
  • Redding, CA
  • Licensed in California

A: That would depend on the terms of the custody/timeshare orders in place. You need to read them very carefully to determine what time you are allocated for vacations, if any, any restrictions on destinations/travel, and notice provisions. Such as requiring advance written notice. If you are allotted time for vacations and you have complied with the requirements of the Order than you should be okay. Just read your order or set up an appointment with a family law attorney to go over the terms to make sure you are in compliance.

Texts are considered valid written notices in most cases.

1 user found this answer helpful

Natalie M. Packer
Natalie M. Packer
Answered
  • Divorce Lawyer
  • Fresno, CA
  • Licensed in California

A: The answer to your question really depends on what your custody orders say. If your orders state that you just have to give him notice, then you should be fine. However, if your orders are silent or if they say he must approve in writing and you've asked him but he says no you will have to seek the court's permission to travel on vacation out of the state. Usually a court will allow it and may even give you attorney fees since it shows that he is not co-parenting if he has no good reason to object.

If you do not understand your orders, you may want to schedule an appointment with an attorney to help you.

1 user found this answer helpful

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