Can I take my child out of state for vacation without their father’s permission?

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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 6 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.


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