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Taking kids out of state after divorce is final...

Posted by on Oct. 3, 2012 at 7:28 AM
  • 7 Replies

 So my STBX informed me today that he may be taking the girls to Florida (we live in Wisconsin) for 4 days during the week of Christmas. Three of those days fall during my parenting time too.  Our divorce is not final as of yet.

I told him I believe he needs my permission and I need contact info on where they are going to be.  He replied "If the divorce is final I can take the kids where ever I want without your permission!"

Does he need my permission to take them out of state? 

Does he need the courts permission?


Not like I won't give him permission since I know the kids want to go, but I want him to follow the rules when it comes to the children. It's very upsetting to me that he thinks he can fly them clear across country not get my permission. I am divorcing him, not the kids. I could careless where he goes but once it involves the kids then I care!

by on Oct. 3, 2012 at 7:28 AM
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by Battle Weary on Oct. 3, 2012 at 8:14 AM

During the Christmas break the normal schedule may be messed up anyway, so just adjust your time so that his trip occurs during his time and not yours.  Like our is such that the first half goes to one parent, the last half of the break goes to the other.  I've tried to do this so that it doesn't interfere with the normal schedule, but it doesn't have to be that way.  Just make sure you have equal time.

He doesn't have to have your permission to take them on an out of state vacation...just for a permanent move.  But, he does have to tell you where they are going and give you a contact number.

by Cara on Oct. 3, 2012 at 8:58 AM
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depends on what your custody agreements says .... mine says he can't take the kids more than 100miles from where I live period..... so he have to stay with in 3 counties... and he has to give me all contact info every time he takes them somewhere.... but my is an extreme case....

by on Oct. 7, 2012 at 12:27 PM
It depends on the CO. It also depends on who he talking them with. They are place in mine that there is to be no 3rd party contact that visitors ie girlfriends etc will not be allowed to spend the night and have to be gone before bed time. He will have to have permission before leaving the state and I will have to have confirmation of numbers and place of stay. Meaning just not his cell number
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by on Oct. 9, 2012 at 12:51 PM

Most parenting plans require parental consent or a certian amount of notification. We just have notification, because his family lives in SD and MN, and so they go back there for holidays, and that is fine with me, and there's a clause that they have to be returned at the end of their parenting time. But if its not his parenting time then he definitely needs your permission. If the divorce isnt' final by then its harder to enforce, but if you guys have an agreement on time then it is yours.

Decide how much of a hardass you want to be....maybe say you are okay with him taking them during your parenting time as long as you get those three days out of this other certian time that is his time. 

by on Oct. 9, 2012 at 5:58 PM

In mine it said that he has to have my permission to do that and 30 day notice. Well all the parenting part has been tossed out the window now. Its voided out now.

by on Oct. 9, 2012 at 6:07 PM

my kids are 10, 13, and 17.  Im kinda glad they are older now.  I would rather have them decide if they wanna go somewhere with dad.  as long as it doesnt interfere with school or something.  I just dont wanna deal with him anymore.

by on Oct. 9, 2012 at 6:33 PM

You can bring this up during the divorce hearing so he can hear it from the judge. Depending on the age of the children, he will need a notarized letter from you granting him permission to take the children to the State of Florida (state what city too). Once he has that, he has to give you contact information, place staying and phone number. Ph you would have to agree since it is your parenting time and not his. GL

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