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3 Bumps

Can a step parent take their step children on vacation out of state...???

she has their dads consent and power of attorney....

their mother knows they are going out of state, but not with just me for majority of it.

their dad has to work and is flying down there for the last 2days.

 

Answer Question
 
tweety24kt

Asked by tweety24kt at 11:44 PM on Mar. 14, 2011 in General Parenting

Level 4 (31 Credits)
Answers (9)
  • I don't see why not as long as the mother and father are both consenting to it. Why isn't the father going?
    worriedmommy600

    Answer by worriedmommy600 at 11:49 PM on Mar. 14, 2011

  • Both parents need to be consenting unless the Dad has sole custody. In case of emergency you also need to be able to take the child to the hospital. If you don't have legal rights to do that and the kid gets injured CPS can be called because the child won't be able to get treated.

    Happened to my best friend =/. Took her little brother out of state but she didn't have rights to take him to the doctor when he broke his ankle. Messy, messy situation.
    Anonymous

    Answer by Anonymous at 11:54 PM on Mar. 14, 2011

  • Well, sounds like the father may have full custody. How old is the child? If small I wouldn't want them to go. If older they may really be looking forward to it and Mom is wanting a power trip to say no. Now if they were leaving the country I would get lawyers involved. So many different senerios this situation could be.
    Anonymous

    Answer by Anonymous at 12:30 AM on Mar. 15, 2011

  • The OP didn't stand if the father was going. If the father is going then there is no issue as long as long as it's within the time frame the father is supposed to have the children.

    OP - I think you need to explain the situation a bit more thoroughly. Thanks
    Anonymous

    Answer by Anonymous at 12:43 AM on Mar. 15, 2011

  • If it is the Father's Court Ordered parenting time, and as long as he lets the mother know where the children are going, when they are going, and a way to contact them, then yes, a POA would suffice for the SM to have the kids with her. That is, unless there is a clause in the Court Order stating that both parents need to consent.
    laird6372

    Answer by laird6372 at 12:46 AM on Mar. 15, 2011

  • Here is what my friend did that took her stepson to Florida. She had the bio mom sign a notarized paper giving her permission to take the son out of state, giving authorization to treat for any medical issues that would come up. The mother had said yes, but my friend wanted no problems.
    tyfry7496

    Answer by tyfry7496 at 12:50 AM on Mar. 15, 2011

  • Having the child treated if something happens is what the POA would be for. No there is nothing wrong with it, dad doesn't have to have SOLE custody for you to take the child anywhere. If the mom said they could go out of state, then they can go. She doesn't need the whole itinerary.
    matthewscandi

    Answer by matthewscandi at 11:51 AM on Mar. 15, 2011

  • This would actually come down to legal custody. If the parents split it, which they most likely do, you cannot get a POA without BOTH parents consenting to it. One parent, unless they have sole legal, cannot make legal decisions without the other parent. That's pretty much common sense.
    Anonymous

    Answer by Anonymous at 2:50 PM on Mar. 15, 2011

  • Depends on the custody papers. If mother has visitation during this period then no. If it's the father time and the mother is aware that the children are on vacation with the father then there's not much the mother can do unless you do not bring them back. Then she can do alot. Since the father is working and will be joining you all I don't think there is an issue. But the best thing to do if you not comfortable do this is contact an custody att. He would be able to advice you on the legal side of the problem.
    Parka54

    Answer by Parka54 at 2:47 AM on Mar. 18, 2011

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