Does my childs father have legal right to deny a trip? 17 Answers as of May 05, 2011

Mother & father never married, when separated just agreed to share custody. Father’s reasoning for him not going is because son will be visiting my boyfriend's (together 8 yrs) daughter. Just want to know if he has any legal rights to deny him the trip.

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If there are no orders to the contrary, taking your daughter on the trip should be fine. You indicated that you have an agreement - I assume that there hasn't been a paternity case and that there are no custody or visitation orders.If your custody and visitation agreement comprises merely a verbal agreement,your disagreement about the trip should not prevent your daughter from going on the trip with you. I assume that she will be properly supervised on the trip.
Answer Applies to: California
Replied: 5/5/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
If you have no custody papers, then the answer is No, he cannot stop it. If there are custody papers, then the Orders hold the answer.
Answer Applies to: Texas
Replied: 5/5/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
If the father has not been adjudicated the father in a court of law, and you have custody of the child, you have the right to allow the child to travel. I don't see the father having any ability to stop it without going to court. Stay well.
Answer Applies to: Alabama
Replied: 5/5/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
Whether or not you can travel with your child depends on the current custody and visitation orders that you have in place. If you are leaving the state of California, you may need to request that the court grant you permission to travel out of state.
Answer Applies to: California
Replied: 5/5/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
If you have never been to court and there is no legal documents stating whether or not you may or may not take the child out of state then you may do so without the other his permission.
Answer Applies to: Illinois
Replied: 5/5/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If there has never been a court order establishing the father's legal status and granting him specific parenting rights and responsibilities he has no legal authority to dictate what you can or cannot do. Even if there were a court order allocating parental responsibilities, it is highly unlikely a court would ever give him the authority to dictate anything and, especially, not who you or the child can associate with.
    Answer Applies to: Colorado
    Replied: 5/5/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Not under the circumstances you describe but you may wish to formalize the custody support and visitation in court. If you wish to discuss this please contact us.
    Answer Applies to: Connecticut
    Replied: 5/5/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Sounds like your ex does not want to let go. Your boyfriend is part of your life, his daughter is part of your life, and your ex needs to just accept that. As to legal rights, New Jersey law is a little complicated, and I would need to talk it over with you a bit. Your son's age is one factor. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 5/5/2011
    Law Office of Martin Blank
    Law Office of Martin Blank | Martin E. Blank
    Unless there is a court order in place legal rights have not been fully determined. However, if the child is leaving the country, both parents would have to agree.
    Answer Applies to: Michigan
    Replied: 5/4/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    If there is a court order in place, that order will dictate the rules. If there is no court order, then there is no legal prohibition from going.
    Answer Applies to: California
    Replied: 5/4/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    If there is no court order regarding custody, then the sole custody is vested with the mother of a child that has not been legitimized. You would have the legal right to determine whether or not your child goes on the trip. If, however, there is a court order wherein you agreed to share custody and decision-making, then you need to refer to the court order to determine who has the right to make such decisions.
    Answer Applies to: Georgia
    Replied: 5/4/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    First you have to see if there is a court order in place. If there is a court order in place then that order needs to be followed. If not, and if you have custody then you need to follow the local statutes. We offer free consultations. Feel free to give us a call.
    Answer Applies to: Utah
    Replied: 5/4/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    It's not clear if you have a parenting plan ordered by a court or not. If yes, look at your parenting plan. If he doesn't have the right to approve the trip you can go if it is during your residential time. If you have no plan,his rights are no greater or less than yours.Good luck.
    Answer Applies to: Washington
    Replied: 5/4/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The father cannot prevent the trip unless he commences a court action and acquires an order preventing it. That would be unlikely.
    Answer Applies to: Minnesota
    Replied: 5/4/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    It depends upon what your order says. If you have no order, then he has no say.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Yes... and no. Though the child's father could complain and conceivably call the police, on the other hand, you are not abducting the child. Also, if nothing has been filed, there are no 'Automatic Temporary Restraining Orders' ('ATRO's), so you would not be in contempt of any court orders. There does not seem to be any valid reasoning for withholding consent and no apparent (or rational) reason to prohibit the boy from seeing your long-term boyfriend's daughter. You might be inviting trouble, but you could just go. If the police contact you, since there are no Court orders the issue will be if you are abducting the child. You are not, and any inquiring law enforcement agency should be able to come to that obvious conclusion rapidly. It would be better to avoid contact with law enforcement, of course. If your boyfriend wants to have Court orders, he can file. The Court, however, would also certainly find that he withheld his consent unreasonably. Also, you could file a Paternity action yourself to obtain a Court order that you be permitted to go, regardless of what the child's father wants. You did not mention how quickly you were leaving, but you could apply for an Ex Parte Order to Show Cause.
    Answer Applies to: California
    Replied: 5/4/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    How long ago did you and the father separate? Why have neither of you initiated a parentage/parenting plan case to this point? Your "agreement to share custody" isn't worth the paper it's written on. Make it legal! What has the residential schedule between the two of you been to this point. If you're a Western Washington resident, feel free to contact my office for a free, no obligation consultation regarding your custody issues.
    Answer Applies to: Washington
    Replied: 5/4/2011
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