Taking children temporarily out of state with no custody order

[slowdown]

What is the name of your state (only U.S. law)? Pennsylvania

My husband and I are in the process of divorce and attempting to work on financial and custody agreements WITHOUT going to court. We have not signed any official agreements yet and currently work out our custody on a weekly basis.

I would like to take my kids out of state at times. If I inform my ex of this and he does not give me a hard time about it, do I have the right to tke them overnight out of state? Can this backfire on me, if I am keeping him informed and he expresses agreement to it?

 

[Zigner]

At this point, with no court orders to the contrary, either of you can take the child with you wherever you want (within the US) without the other parent's permission.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Pennsylvania

My husband and I are in the process of divorce and attempting to work on financial and custody agreements WITHOUT going to court. We have not signed any official agreements yet and currently work out our custody on a weekly basis.

I would like to take my kids out of state at times. If I inform my ex of this and he does not give me a hard time about it, do I have the right to tke them overnight out of state? Can this backfire on me, if I am keeping him informed and he expresses agreement to it?

Why don't you want to go to court? Court orders protect everyone.

 

[Just Blue]

What is the name of your state (only U.S. law)? Pennsylvania

My husband and I are in the process of divorce and attempting to work on financial and custody agreements WITHOUT going to court. We have not signed any official agreements yet and currently work out our custody on a weekly basis.

I would like to take my kids out of state at times. If I inform my ex of this and he does not give me a hard time about it, do I have the right to tke them overnight out of state? Can this backfire on me, if I am keeping him informed and he expresses agreement to it?

Can't say enough...A Court Order protects all...You, Dad and child/ren.

 

[LdiJ]

At this point, with no court orders to the contrary, either of you can take the child with you wherever you want (within the US) without the other parent's permission.

And to add:

I don't really recommend asking permission of the other parent. I think that causes the other parent to believe that they have the ability to veto something like that, when they do not. I think its critical that you keep the other parent informed, and take into consideration any concerns they might have, but I do think asking permission sets the wrong tone.

 

[David Hutchings]

And to add:

I don't really recommend asking permission of the other parent. I think that causes the other parent to believe that they have the ability to veto something like that, when they do not. I think its critical that you keep the other parent informed, and take into consideration any concerns they might have, but I do think asking permission sets the wrong tone.

I think this depends on how well you know or trust the other parent. If you think he will let you, ask. If not, you are within your legal rights to travel with your children within the US. If it makes you feel better, you can get a written and notarized consent form, but you shouldn't need it. Put provisions for this in your divorce decree for future reference, maybe consult a mediator or someone with legal expertise. Divorce with children done by yourself can come back to haunt you.

Best of luck!

 

[LdiJ]

I think this depends on how well you know or trust the other parent. If you think he will let you, ask. If not, you are within your legal rights to travel with your children within the US. If it makes you feel better, you can get a written and notarized consent form, but you shouldn't need it. Put provisions for this in your divorce decree for future reference, maybe consult a mediator or someone with legal expertise. Divorce with children done by yourself can come back to haunt you.

Best of luck!

Again, I disagree...for the reasons I stated above. Asking the other parent for permission to do something that you have every right to do sets the wrong tone. Keeping them informed and taking any concerns they have into consideration is very important to good co-parenting. Asking permission gives them the impression, whether they are mother or father, that they have veto power that they do not have.