Non-custodial parent taking child out of state

[M&M84]

What is the name of your state (only U.S. law)? Wyoming. I have sole custody of my child, and her father, the non-custodial parent, has been taking her out of state, without my permission. My child has informed me of this. He has visitations with her every even weekend. I need to know if this is against the law and what I can do about it. Thank you for your time.What is the name of your state (only U.S. law)?

 

[CourtClerk]

What is the name of your state (only U.S. law)? Wyoming. I have sole custody of my child, and her father, the non-custodial parent, has been taking her out of state, without my permission. My child has informed me of this. He has visitations with her every even weekend. I need to know if this is against the law and what I can do about it. Thank you for your time.What is the name of your state (only U.S. law)?

First of all, it's not just your child, it's his child also, regardless of the fact that you have sole custody. Second, barring a court order that says differently, he can take the child on vacation during his parenting time, without your permission.

He's obviously bringing the child back... what's the problem?

 

[M&M84]

Thank you for you reply, I didn't mean to sound harsh, by any means. I just didn't know if it was ok, and I can not afford a lawyer just to ask a question. That is why I posted on here. Do you think it would be a good Idea for me to ask him to next time let me know so that I will not worry about her, she is only four and has been visiting with him for a VERY short time. Again, thank you.

 

[CourtClerk]

Thank you for you reply, I didn't mean to sound harsh, by any means. I just didn't know if it was ok, and I can not afford a lawyer just to ask a question. That is why I posted on here. Do you think it would be a good Idea for me to ask him to next time let me know so that I will not worry about her, she is only four and has been visiting with him for a VERY short time. Again, thank you.

No, I don't think you should ask him. I think you should allow him uninterrupted time with his child. He's not harming her. He's brought her back, and she's been fine all this time. You're only worried now because you know. Leave it alone. If he wanted to withhold the child, the first time he left the state, he wouldn't have brought her back.

 

[CJane]

Thank you for you reply, I didn't mean to sound harsh, by any means. I just didn't know if it was ok, and I can not afford a lawyer just to ask a question. That is why I posted on here. Do you think it would be a good Idea for me to ask him to next time let me know so that I will not worry about her, she is only four and has been visiting with him for a VERY short time. Again, thank you.

I think, if there's any chance dad will take your inquisitiveness badly, that you should not bring it up. Does it really MATTER whether she's within a specific geographical boundary when she's with her father (or you, for that matter)?

How far away have they been going? I mean, I can be out of state in about 10 minutes - or IN state and 8 - 10 hours from home. Neither affects my ability to provide care for my children.

 

[ErinGoBragh]

I think, if there's any chance dad will take your inquisitiveness badly, that you should not bring it up. Does it really MATTER whether she's within a specific geographical boundary when she's with her father (or you, for that matter)?

How far away have they been going? I mean, I can be out of state in about 10 minutes - or IN state and 8 - 10 hours from home. Neither affects my ability to provide care for my children.

How far out of state he takes the child is irrelevant if there is no court order stating that child must remain in state when with NCP.

He could fly the child to FL every time on his time if he so desires as long as he only takes her on his time.

 

[CourtClerk]

I can be out of state in about 10 minutes - or IN state and 8 - 10 hours from home.

This is exactly what I was thinking....

3 1/2 hours from my house I can be in the next state over or on the other side of CA. I say as long as you don't take her out of the country, I don't care where you go, so long as she's safe and you bring her back.

 

[CJane]

How far out of state he takes the child is irrelevant if there is no court order stating that child must remain in state when with NCP.

He could fly the child to FL every time on his time if he so desires as long as he only takes her on his time.

Yes, I know. Which is why I said "neither affects my ability to parent my children".

A LOT of people use the 'out of state' line as if there is some magical line that when crossed suddenly makes the NCP unable to parent properly. It's absurd.

 

[ErinGoBragh]

Yes, I know. Which is why I said "neither affects my ability to parent my children".

A LOT of people use the 'out of state' line as if there is some magical line that when crossed suddenly makes the NCP unable to parent properly. It's absurd.

Yeah.. I should have phrased it more gently, was just trying to emphasis to OP that if there's not a court order, it really doesn't matter what state he takes the child to. I know what you mean though.. I live right smack on the VT/NY border, so VT is like 5 min, and yet Buffalo is 5 hours.

 

[CJane]

Yeah.. I should have phrased it more gently, was just trying to emphasis to OP that if there's not a court order, it really doesn't matter what state he takes the child to. I know what you mean though.. I live right smack on the VT/NY border, so VT is like 5 min, and yet Buffalo is 5 hours.

Exactly. I can practically see KS from my house. This weekend, totally spur of the moment, I took my son from Missouri to Iowa and into Nebraska and back. Took me 2 1/2 hours to get to NE, and I didn't ask anyone's permission either.

Couple weeks from now, we'll stay in Missouri, but travel more than 6 hours one way.

 

[CourtClerk]

Exactly. I can practically see KS from my house. This weekend, totally spur of the moment, I took my son from Missouri to Iowa and into Nebraska and back. Took me 2 1/2 hours to get to NE, and I didn't ask anyone's permission either.

Couple weeks from now, we'll stay in Missouri, but travel more than 6 hours one way.

CJ...
Why were you state hopping???? Stink would think you're sooo kewl....

LOL

 

[CJane]

CJ...
Why were you state hopping???? Stink would think you're sooo kewl....

LOL

My SDad is still in hospital up in NE. Hopefully the next time I see him, it'll be in KS where he belongs.

 

[justalayman]

What is the name of your state (only U.S. law)? Wyoming. I have sole custody of my child, and her father, the non-custodial parent, has been taking her out of state, without my permission. My child has informed me of this. He has visitations with her every even weekend. I need to know if this is against the law and what I can do about it. Thank you for your time.What is the name of your state (only U.S. law)?

but back to the question;


do you have any court directive that would limit or allow his out of state excursions. Some court orders do require permission to take a child out of state. It obviously does not affect ones ability to parent the child but it makes it a lot more difficult to enforce the resident states court orders.