During visitation, can a non-custodial parent take a child out of state without custodial parent's consent?

Question

The custodial parent has full *temporary* custody...the final judgment for permanent custody is still pending.

Answer 1

The only time it would be illegal or against the orders of the court is if the visitation order, NOT THE CUSTODY ORDER expressedly forbade it.

And to the point, there is no law in any of the 50 states which stipulates a parent cannot take a child out of state except for relocation purposes.

So, the answer to your exact question is yes, it is perfectly legal and allowable for EITHER parent to take a child out of state on vacation not to exceed in most jurisdictions 30 days.

I am an attorney with 35 years of family law practice. As such, I must tell you that your or his custody is not relevant to this issue. This is a visitation issue only. the two are separate and distince issues before the court.

Answer 2

If the temporary custody order does not mention anything about taking the child out of state, then in most states it is okay to do so. If you have doubts of rather this was legal or not consult your attorney.

Answer 3

It depends on what the temporary Order says. If there is no mention of leaving the state, it is usually ok (so long as the child is returned on time)--however, I would check with my attorney or the Court before doing so just in case (you don't want to risk getting arrested or making the Judge mad and ruining your chances of future custody/visitation.)

Answer 4

Is this issue listed in the temporary order? If it isn't, it will need to be addressed before you reach a final order.
Talk about it with real legal advisers, not here.

Answer 5

Not legally. That will solidify the custodial parent's claim to permanent custody.

Answer 6

No. Absolutely not.

Answer 7

No.