What are my rights to take my children out of state on vacation?

UPDATED: Sep 30, 2022

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What are my rights to take my children out of state on vacation?

I am currently married and living in the same household with my husband and kids. The holidays are coming up and I want to take the children out of state on vacation for a few days. My husband does not want me or the kids to go. The thing is we don’t have a lot of money, no X-mas tree, nothing happening. My sister has planned to treat us with many activities, including a trip to Disney World. This year I want the children to be happy instead of staying stuck in a house with nothing to do for the holidays. My husband wants to “spend time” with the kids which he does not even do when he is home anyway. It is a way to control us. I want to know what I can do to still take the kids with me so they can enjoy themselves instead of being home bored.

Asked on December 9, 2015 under Family Law, Georgia


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Right now, based on what you described, there are no court orders or rules in place that prevent you from taking your children on a trip.  If there was a divorce action in progress, then some courts do impose standing orders which prohibit removal of the children from the state without authority.  Until orders are in place, you each have the right to make independent decisions regarding your children.
You and your husband have some issues, which may be more emotional than legal...he may simply be upset that someone is able to give his kids more than he can currently provide for them.  This may take some counseling to get him accept that it's okay to accept help from others and it doesn't make him a bad parent or person to do so.  If he is simply a jerk that would never let the kids have fun even if he did have the resources, then that's a parenting issue you and he will eventually have to deal with... either by going through co-parenting classes or seeking a divorce.

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