Is the father allowed to take a 4 year old out of state against both the mother’s and custody agreement?

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Is the father allowed to take a 4 year old out of state against both the mother’s and custody agreement?

Her father lives out of state and is allowed to see her when he is visiting her with me . He plans on taking her with him and having her fly back without him. He has already purchased a ticket and is going against the court arrangement. What are my rights as the mother to prevent this from happening?

Asked on October 23, 2012 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What the custody and visitation order states will govern what he is permitted to do with your daughter.  If you are sure that he is not permitted to travel out of state at all (you are generally permitted as long as you intend to return and there is no interference with custodial rights) then he is in violation of the agreement.  You can then go to court and act on same.   That is your option.  Not running with her or denying access (unless you fear for her imminent safety).  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if there is a court order prohibiting what the father of your minor child wishes to do then if such is done he could be deemed in violation of a court order and held in contempt as a result of the trip you have written about. I suggest that you consult immediately with a family law attorney to see what your legal options are.


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