If my wife and I are separating and I have a trip out of state that I want to go on with my 3 boys, can she stop me from taking them?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my wife and I are separating and I have a trip out of state that I want to go on with my 3 boys, can she stop me from taking them?

Do I need her permission to leave the state with them?

Asked on January 31, 2016 under Family Law, Iowa

Answers:

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

Answered 5 years ago | Contributor

As long as there is no formal agreement in effect regarding custody, then as their father you have the right to take your children on an out of state trip without getting their mother's permission. However, if there is such an agreement in effect, then you cannot leave the jurisdiction with them without their mother's approval. Additionally, if you fail to return with them, then she can go to court and file for custody. At that point you would be legaly obligated to return. If you didn't then you could be charged with parental kidnapping.


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