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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.