Can I take my child out of state for vacation without their father’s permission?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I take my child out of state for vacation without their father’s permission?
Asked on June 24, 2015 under Family Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You don't give any details of your situation. For example, are you separated from the children's father? Is there a custody order in place? Where are you going to? For how long?
Assuming that ther is no order in effect and you are contemplating a short trip within the US, then you should be able to take your children (although as soon as practicable, you�should go to court yourself to establish�custody).�
That having been said,�the father could try�to obtain an emergency court order to stop this (an "injunction")�but since this is a vacation and not a permanent move, and you are presumably not traveling outside of the country�and the children are in not at some sort of risk,�it is doubtful�that he could get any such order.
Note: If there is a custody order in place, then you must abide by its terms.
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.