If my daughter’s dad wants to take out of state but I have her most of time, what rights do I have to say no?

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If my daughter’s dad wants to take out of state but I have her most of time, what rights do I have to say no?

Asked on June 11, 2015 under Family Law, Pennsylvania

Answers:

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

Answered 6 years ago | Contributor

It sounds as though there is no court order addressing this issue currently in effect. That being the case, her father can take her out-of-state.  However, you can go to court and obtain an order which will prohibit him from taking your daughter out of the state. If he leaves before you can do that you can get an order that will require him to return; if he doesn't return he can be charged with parental kidnapping.

Right now you should consult directly with an attorney who specializes in custody cases.


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