Does mywife need permission from my ex-wife to take out daughter on a trip out of state?

I am divorced and we have a 50/50 shared parenting plan. Both my ex and I have the ability to make decisions for our children. Do I need permission from my ex in order for my wife (daughter’s step-mom) to take her on a trip to IL (we live in OH)? It is just over the weekend and it is on my days with the kids.

Asked on August 31, 2011 Ohio


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

Answered 9 years ago | Contributor

If you are not going to be accompanying them on the trip out of state I think that it would be a very good idea for you to discuss the matter with your ex wife.  Although I appreciate the details you have given regarding the parenting plan, I believe that you understand that you are given those rights and not your wife.  And although you can make a decision regarding your children I am unclear here if this is a good one.  First, what is the purpose of the trip?  Is it because you are out of town?  Does your ex have the right to first refusal of the kids, meaning that  if you are away on your weekend does she have the right to have them before you find a sitter?  I think that you are asking this question because the situation between your ex and your wife may not be the best.  This will not help it.  It is always better to be forthcoming.  And if she refuses to allow it then I would seek help from the courts to clarify.  Good luck.

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