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I need advice about the ex...

Posted by on Jun. 9, 2014 at 10:36 PM
  • 30 Replies

My kids father and I do not have a custody order nor papers filed and I am wanting to go on vacation for two weeks out of state with my son and he says that it would be serious jail time if I do leave the state with him without his permission.. is this even true?

by on Jun. 9, 2014 at 10:36 PM
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Replies (1-10):
Lindalou907
by Bronze Member on Jun. 9, 2014 at 10:45 PM

I don't think so, go on avvo.com and ask a lawyer, it's free, tell them what state you're in.

mommyycillaa
by New Member on Jun. 10, 2014 at 3:46 AM

I believe it is , but you would have to check the laws in your state

Anonymous
by Anonymous 1 on Jun. 10, 2014 at 5:26 AM
1 mom liked this

in most states, if you don't have a court order then the mother is automatically considered the custodial parent.  if there is no CO forbidding you from crossing state lines with her (and that would be a pretty unusual order because vacation is part of normal, everyday life) then you're free to take her anywhere you'd like, including France or the moon.

Anonymous
by Anonymous 2 on Jun. 10, 2014 at 6:09 AM

No, it is not true. There is no custody order so you can leave the state for two weeks without his permission. If he has your child he can leave the state without permission from you to. It goes both ways so be careful. 

Quoting hmj1991:

My kids father and I do not have a custody order nor papers filed and I am wanting to go on vacation for two weeks out of state with my son and he says that it would be serious jail time if I do leave the state with him without his permission.. is this even true?


offrdngal
by Bronze Member on Jun. 10, 2014 at 6:51 AM
2 moms liked this
If there is no court order, in place, neither parent has "custody". You can take your children anywhere you please without legal ramifications. In turn, so can the father. It's better for everyone, if custody is established by the courts. Until then, go on vacation and don't worry about his threats.
Anonymous
by Anonymous 3 on Jun. 10, 2014 at 9:53 AM
No not true. I do recommend getting a custody order though because he can choose to take your kid wherever he wants just like you can and there's nothing you can do about it.
Ryansmommy713
by Member on Jun. 10, 2014 at 10:54 AM

Nope! You are legally allowed to keep him for 30 days, but so is he if he's on the birth certificate...  So be careful. 

hmj1991
by New Member on Jun. 10, 2014 at 4:33 PM
I just Want To Take My Son On vacation
lilmama8408
by Bronze Member on Jun. 10, 2014 at 4:42 PM
Without a court order you can do as you want. However if he is Imon the BC and he took the child across state lines there's nothing you could do.
Sounds like a slippery slope with how he's reacting
lilmama8408
by Bronze Member on Jun. 10, 2014 at 4:42 PM
Without a court order you can do as you want. However if he is Imon the BC and he took the child across state lines there's nothing you could do.
Sounds like a slippery slope with how he's reacting
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