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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 5 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption