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

UPDATED: Sep 30, 2022

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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


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

Answered 5 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.  

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 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.

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