What are the rules of non-custodial parents wanting to take a 3-year old child out of state for a week?

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What are the rules of non-custodial parents wanting to take a 3-year old child out of state for a week?

Is this something I as the custodial parent with legal and physical custody have to allow?

Asked on November 30, 2012 under Family Law, Indiana

Answers:

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

Answered 8 years ago | Contributor

One needs to read your custody order or agreement here in order to determine what is going on.  The general rule is that a parent can take a child out of state - like on a vacation or to see relatives - as long as there is an intent to return.  It becomes an interference with custodial rights of the other parent when you leave with out an intent to return.  Seek legal help.  Good luck.


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