Can my wife take my kids out of state without my consent?

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Can my wife take my kids out of state without my consent?

My wife and I are still married but going through rough times. She wants to take our 3 year old and 2

month old out of state for 2 weeks. I do not want that to happen and do not consent to her taking them on

that trip. Do I have any legal recourse?

Asked on July 25, 2017 under Family Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since there does not currently exist any court order prohibiting either of you from traveling with your children, as their mother your wife can take the kids out of state on vacation. You could go and file for a divorce or a legal separation, as she could then only go out od state with them with your consent. However, that's a drastice step to take unless you think that's what you need to do. For example, you feel that she is not planning on returning, etc. At this point, you may want to consult directly with a local divorce attorney who can best further advise you after hearing all of the details of your situation.  


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