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Estranged Husband wants to take 2 1/2 yr old out of state for Labor day

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C

Carol in NePA

Guest
Hello,

I need some advice. My estranged husband wants to take our 2 1/2 year old toddler out of state for the Labor day holiday. I offered to go with them so that my son doesn't have to stress over being away from me for that long (three days). Is there a legal presidence for how old a child needs to be, to not be forced to go. In the past year my son has only seen his father once in the last 8 months and I am concerned for his ability to cope with this.

A concerned mother who wants to do what is right,
Carol
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

This is an excerpt from the child custody section on the freeadvice.com homepage.

Most states require both parents who are unable to reach an agreement on the issues of custody and visitation to participate in a mediation session to work out such a plan. In the mediation session, both parents meet with a third-party, typically an experienced attorney or social worker, to discuss relevant factors in an effort to reach an agreement. Many contested issues of custody and visitation can be resolved in a mediation session and this session typically results in an agreement which then can be presented as a Stipulation for issuance as a court order.

Should mediation of custody and visitation disputes fail, the parents can then pursue litigation of unresolved issues. A court hearing will be conducted and evidence presented. Often expert witnesses, such as psychologists and licensed social workers, will be called to present evidence for consideration by the court. After the court has received such evidence, it is then in a position to make an order regarding custody and visitation.

Custody and visitation disputes can be very difficult and expensive to resolve. An agreement by both parents is the preferred course of action since a joint parental decision is more likely to be followed than if an outsider makes a decision for them.

 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Carol in NePA:
Hello,

I need some advice. My estranged husband wants to take our 2 1/2 year old toddler out of state for the Labor day holiday. I offered to go with them so that my son doesn't have to stress over being away from me for that long (three days). Is there a legal presidence for how old a child needs to be, to not be forced to go. In the past year my son has only seen his father once in the last 8 months and I am concerned for his ability to cope with this.

A concerned mother who wants to do what is right,
Carol
<HR></BLOCKQUOTE>

Then do not let him. State that he is able to visit with the child over that period but it will be local and no overnight visitation. That future visitation is dependant on him making an effort to a continuing and regular schedule.

Btw, what does the court agreement state ?
 

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