If my 2 year old daughter’s father an I have joint custody, can he takeherout of state for vacation with out my consent?

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If my 2 year old daughter’s father an I have joint custody, can he takeherout of state for vacation with out my consent?

If my child’s father mentioned once over the summer he was thinking about taking my daughter to FL for a week an I said no because I feel that she is to young. He told me yesterday that he is leaving Thursday for FL an that was it. I have no info of were exactly there going, numbers to any were an i already told him no. What can I do?

Asked on September 3, 2011 under Family Law, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You cannot do a thing if you have joint custody with your child's father. If he wishes to take her anywhere during the time of their visitation or when he has joint custody, then you are not legally able to consider this any form of illegal taking. You need to go back to your custody agreement and support agreement and see if there is any provision in those agreements that indicate you at least must be given advanced notice or contact information or something to the effect requiring him to be proactive in his communications with you about vacations and trips. If not, you are out of luck and your best choice at this point is to inform him anywhere and everywhere you can (voicemail, email, certified return receipt letter) of your directive he inform you next time and then you must seek an amendment to the order by going to court and seeking a provision placed in the agreements requiring him to either seek approval or give information. You probably will lose on the seek approval portion but the giving contact information is quite reasonable.


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