If my husband and I have a signed agreement that I wrote that says we are living separately and the kids live with me, can I take them out of state to visit family without his permission?

The agreement was not filed in court. I am also working with our local CHOICES branch. I have applied for legal aid and have been accepted but am waiting for a lawyer. I would like to visit my brother in another state for 2 days. Can I take my kids with me or do I have to get his permission? Since he is abusive and controlling he will probably say no just to cause an issue, so I would prefer not to deal with it unless I have to.

Asked on July 18, 2015 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Either of you can take the children anywhere you want so long as you have an intent to return to their home state.  It can not be considered kidnapping if that is what you are worried about.  I would, though, let him know when you are leaving and returning much closer to the date becuase of his visitiation rights.  Good luck.


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