If I’m divorced, can my ex-wife take our 14 year-old child on a trip out-of-the countrywithout my permission?
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If I’m divorced, can my ex-wife take our 14 year-old child on a trip out-of-the countrywithout my permission?
My ex-wife filed for divorce in 2008; it was done in 2009. She got sole custody of our 14 year-old son. He is in the band at the high school he goes to. The school band is planning a trip to Toronto, Canada next year in spring of 2011. My ex is going to put down a deposit on the trip but I do not want my son leaving the US to go into Canada. Do I have any legal rights to stop this from happening?
Asked on November 3, 2010 under Family Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There is no single answer: what your wife can do depends ENTIRELY on the terms of the custody agreement, as do your rights to modify, change, veto, etc. her plans. Generally, if someone has sole custody, it's as if he or she is a single parent and can take the child pretty much wherever he or she likes, subject only to the caveat that she can't interfere with whatever visitation rights the other parent has. (So a short trip, ok; relocating where the other spouse can't visit is not ok.) However, again, a custody agreement or a court-order regarding custody and visitation can deviate from the norm; you need to reference any agreements or orders in your case. To the extent that your rights are infringed on or violated, you may have grounds to stop the trip.
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