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Can the NCP take the child out of town?

Posted by on Feb. 21, 2013 at 3:02 PM
  • 65 Replies
This is mostly hypothetical.



My parents live 3 hours (141mi) away. We don't go see them very often. But we are going this weekend. It is NOT our weekend with SS.



DH wanted to take SS and DS to the monster truck show this weekend. BM never really said yes or no. Well, something came up in my home town and we are going for the weekend. So the monster truck show is out of the question.



BM texted DH today to ask if he was going to buy something for SS at the monster truck show. He took that as her saying he can't take him. No biggie, we aren't going. He told her we are going to my home town so no monster truck show.



She said "you ain't taking him in if I find out you took my son and left [our town] you be in more trouble than you already are"



First, neither of us know what she means about him already being "in trouble". We assume its just a ruse to make him think she's up to something.



Anyways, it does NOT say anything in the CO about not being able to go a certain distance. It says if the child is out of town for a vacation the parent exercising parenting time must provide the other parent with a phone number where the child can be reached.



There was an instance when they were going back and forth to court where BM said she was going to take her son and leave state. The judge asked the guy from FOC if she could do that and he said she can't leave within 150 miles. I think that's what BM is thinking now. But I don't know if it still applies now that there isn't an ongoing case.

So if it just happened to be DH's weekend, shouldn't SS be allowed to come?
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by on Feb. 21, 2013 at 3:02 PM
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Replies (1-10):
whatIknownow
by Emerald Member on Feb. 21, 2013 at 3:07 PM

It is my understanding that you can take him anywhere you want, provided you have him back to BM at the exchange time. what difference does it make where he is in between?

KnowItAll
by Silver Member on Feb. 21, 2013 at 3:08 PM
I think he should be fine going out of town since nothing prohibits it.
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KnowItAll
by Silver Member on Feb. 21, 2013 at 3:09 PM
Also, which part is hypothetical? It all sounds very specific to me.
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Birdseed
by Platinum Member on Feb. 21, 2013 at 3:10 PM

It may well depend on the court papers in play right now.

For example, neither BM nor BF can take the kids out of state without the other parent's written permission even if the kids would be back home on schedule.  We are also CO'd to provide contact info wherever we are.

Check the legal docs.

No matter what the rest of us can or can't do, your situation is yours.


lanceandhailey
by Member on Feb. 21, 2013 at 3:11 PM

 As long as he is picked up and back when he's supposed to be, she can whine all she wants.

Birdseed
by Platinum Member on Feb. 21, 2013 at 3:12 PM



Quoting lanceandhailey:

 As long as he is picked up and back when he's supposed to be, she can whine all she wants.


That is absolutely incorrect in some (many) cases.

It's about the CO and the law.  


mouthyhousewife
by Silver Member on Feb. 21, 2013 at 3:12 PM
Well, the hypothetical part is that we aren't actually taking him anywhere. But DH wants to know if he COULD if he WANTED TO while on HIS TIME.


Quoting KnowItAll:

Also, which part is hypothetical? It all sounds very specific to me.

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mouthyhousewife
by Silver Member on Feb. 21, 2013 at 3:13 PM
Pretty much my exact thought.


Quoting whatIknownow:

It is my understanding that you can take him anywhere you want, provided you have him back to BM at the exchange time. what difference does it make where he is in between?


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mouthyhousewife
by Silver Member on Feb. 21, 2013 at 3:15 PM
I haven't been able to find anything about it in our state laws. It does not say in the CO. So how do we know for sure?


Quoting Birdseed:

It may well depend on the court papers in play right now.

For example, neither BM nor BF can take the kids out of state without the other parent's written permission even if the kids would be back home on schedule.  We are also CO'd to provide contact info wherever we are.

Check the legal docs.

No matter what the rest of us can or can't do, your situation is yours.



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JustaSM231
by Bronze Member on Feb. 21, 2013 at 3:16 PM

 This.


Quoting whatIknownow:

It is my understanding that you can take him anywhere you want, provided you have him back to BM at the exchange time. what difference does it make where he is in between?


 

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