Do I need permission to take my son out of state for vacation?

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Do I need permission to take my son out of state for vacation?

I am separated in Virginia with no legal
agreement in place. Am I or my soon to be ex
allowed to take our son out of state for
vacation? Do we need each others
permission? Or a certain amount of notification
sufficient?

Asked on June 29, 2019 under Family Law, Virginia

Answers:

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

Answered 1 year ago | Contributor

As long as there is no formal custody agreement in effect or a divorce has been filed, then you are free to take your son wherever you want, whenever you want. That having been said, to keep cordial relations with your estranged spouse, informing them of the trip with advance notice would be a good idea. Finally, once a divorce is filed or a custody agreement is enterd into, then you must obtain your spouse's permission for out of state travel, otherwise you could be charged with parental kidnapping.

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

Answered 1 year ago | Contributor

As long as there is no formal custody agreement in effect or a divorce has been filed, then you are free to take your son wherever you want, whenever you want. That having been said, to keep cordial relations with your estranged spouse, informing them of the trip with advance notice would be a good idea. Finally, once a divorce is filed or a custody agreement is enterd into, then you must obtain your spouse's permission for out of state travel, otherwise you could be charged with parental kidnapping.


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