does non custodial parent have right to put 10 year old on plane by herself?

Question

does a non custodial parent have the right to put a a 10 year old child on a plane byherself after custodial parent said no she does not feel comfortable with that and what would be the consequences if he did so

Answer 1

The answer is in your question. A non custodial parent does not have custody of the child in question. Therefore a non custodial parent only has the rights that are given to them by the court and those that are transmitted to them by the custodial parent. If the custodial parent says that she doesn't want the child to fly by themselves then I would suggest that you abide by the wishes of the custodial parent. Unless of course you simply do not care what the custodial parent wishes. The danger here is that the custodial parent has some fodder to use against you if she opts to remove or restrict your visitation rights in the future. By the way...10 years old is really young to be flying alone especially in this day and time with flights being cancelled and sitting on runways for God knows how long.

Answer 2

The answer to this question depends largely on state law, so you should probably check with a local attorney. In my jurisdiction, the answer would depend upon the parenting plan. If such actions were strictly forbidden or if a all decision making was reserved by the custodial parent, then you could ask the court for declaratory relief prior to the act and if he persisted then he would be in contempt and monetary releif would be appropriate. Afterwards, you could still likely raise an issue of contempt. If however, decision making for the child is reserved by both parents, there is not really any remedy outside seeking a modification to the parenting plan which forbids such behavior, but of course he would have a say in that proceeding as well and conflict is not useally a good thing for the children. It may be best to continue to negotiate your position and take a deep breath if he doesn't listen. Otherwise call your local bar association for help in finding a family law attorney, legal help may be available for free if you are in a low income bracket. Good Luck.

Answer 3

The airllines are very good about watching very young childen. A flight attendant will assure that the child is handed off safely at the end of the flight.

The custodial parent seems to be over protective in this case. Just to be safe, I'd suggest that the other person talk it over with his attorney before stirring up the situation. Ideally, the custodial parent would come to an agreement about this situation.

Answer 4

The scenario you are describing is a good way for the non-custodial parent to have an "Amber Alert" put out for both parent and child, with the non-custodial being charged with kidnapping after he/she is apprehended.

Answer 5

If there is nothing in the custody agreement stipulating to how the child is transported then no. If he is paying the fare to get her back home, you might suggest that he spend the extra $40.00-$65.00 to have an airline aide with her. I had no choice with mine and the airlines provide people for fee to accompany the minor child all the way to the receiving party. If she's young and not use to flying, they may insist that she travel with an aide.

Answer 6

I wouldn't hesitate to put a child that old on a plane. The airlines will usually go out of their way to make sure they're taken care of. You can just imagine how they could be held liable if anything happened to the kid, can't you? Somebody's being over-protective....

Answer 7

Why don't you just go on the plane with the child. It would make the flight less stressful for the kid, you and the other parent. ITS ONLY MONEY- YOU CAN ALWAYS MAKE MORE.