Right to leave the State with the kids?

[LisaLetang]

What is the name of your state? Washington

My ex owes over 20K in back child support and now he wants to take the kids to California for "vacation" is there any law, or anything that I can do to stop him from taking them out of state until he has paid up?

 

[fairisfair]

does he have parenting time?

Is that when he plans to take them out of the state?

Does your order prevent him from removing the children from the state during vacations?

 

[penelope10]

does he have parenting time?

Is that when he plans to take them out of the state?

Does your order prevent him from removing the children from the state during vacations?

In other words, CS and visitation are two separate issues. A parent will not be denied court ordered parenting time even if they are in arrears regarding CS.

 

[Silverplum]

And what did you learn on the comprehensive WA family law link I posted for you?

 

[Ohiogal]

And what did you learn on the comprehensive WA family law link I posted for you?

Absolutely nothing because she didn't read it and she wants people to tell her that dad is a horrible horrible person who she can control until he pays her off.

 

[nextwife]

Personally, I don't get what the big deal is about visiting another state. Heck, my kid had a field trip last week to Chicago, which is "out of state" to the Field Museum and was back by three for the bus home. It's not like leaving the country.

 

[Luckiecatt]

Personally, I don't get what the big deal is about visiting another state. Heck, my kid had a field trip last week to Chicago, which is "out of state" to the Field Museum and was back by three for the bus home. It's not like leaving the country.

I believe it might be because states differ in their opinion on custody. My boyfriend was told by court not to let his 11 year old daughter's mother take her out of state (From NJ to PA) because altho he now has sole custody, at one point she had visitation. If she had taken her into PA he would have to go thru (possibly months of) the whole legal system to bring her back, even tho he had the papers proving it. Supposedly pa is physical custody first; meaning whoever physically has her. (? this I am relaying from what we were told, not that I know for fact)

I completely understand the fear a parent coulf have of the child going to another state. However I do not understand the problem between CS and out of state visitation. Just be happy that he is spending the time with the child. Its obvious he is ignoring the financial responsiblity (enforce it in court) but at least hes not ignoring the child as well.

For future instances - have stipulations placed into any custody agreement you have in court. I know that they can put such things in as the parent needs to provide an itenerary of the trip and contact be made during the trip to the non-participating parent. This might make you feel better about it.

 

[Ohiogal]

I believe it might be because states differ in their opinion on custody. My boyfriend was told by court not to let his 11 year old daughter's mother take her out of state (From NJ to PA) because altho he now has sole custody, at one point she had visitation. If she had taken her into PA he would have to go thru (possibly months of) the whole legal system to bring her back, even tho he had the papers proving it. Supposedly pa is physical custody first; meaning whoever physically has her. (? this I am relaying from what we were told, not that I know for fact)

WRONG.

I completely understand the fear a parent coulf have of the child going to another state. However I do not understand the problem between CS and out of state visitation. Just be happy that he is spending the time with the child. Its obvious he is ignoring the financial responsiblity (enforce it in court) but at least hes not ignoring the child as well.

Fear oh well. She should have considered that before spreading her legs with him.

For future instances - have stipulations placed into any custody agreement you have in court. I know that they can put such things in as the parent needs to provide an itenerary of the trip and contact be made during the trip to the non-participating parent. This might make you feel better about it.

That is normal. But I highly doubt OP will feel better about anything without absolute and total control which will NOT be happening.

 

[Luckiecatt]

you state it is wrong, but nothing stating why or what the law actually states? I highly doubt that the lawyers and judge were lying in court, so what were they basing their recommendations on then? I have seen it happen in another case as well , altho this was quite some time ago- my niece's paternal grandparents would not let my sister pick up my niece after they had one of their visits. Police would not help her, told her to go thru court system in pa to get a removal request even tho she already had custody papers from NJ. It took about 2 months before my sister finally brought her back home from their place.

But no matter, there is many valid reasons why a parent should be leary of their children being taken out of state. But unless there is a history of or threats from him about taking off with the child, I would not let the uneasiness about it stop the trip.

I have seen many people refer to someone spreading their legs and should have thought about such and such before hand they did so. ANYONE can have a relationship end. Should the whole world never have sex or children again just because of all the POSSIBLE future situations that might occur???? Should everyone come up with a custody agreement before hand... "Oh before we have kids please sign this custody order so it is all taken care of if we dont work out for some reason." Ridiculous!

 

[Ohiogal]

you state it is wrong, but nothing stating why or what the law actually states?

The law in the state that makes the order controls.

I highly doubt that the lawyers and judge were lying in court, so what were they basing their recommendations on then?

Have no clue.

I have seen it happen in another case as well , altho this was quite some time ago- my niece's paternal grandparents would not let my sister pick up my niece after they had one of their visits. Police would not help her,

Police will NOT help in any state due to the fact that it is a CIVIL order and not an order for them to retrieve the child.

told her to go thru court system in pa to get a removal request even tho she already had custody papers from NJ. It took about 2 months before my sister finally brought her back home from their place.

Oh well. What she should have done is go to court in NJ to get an order requiring the PA police to retrieve the child with her.

But no matter, there is many valid reasons why a parent should be leary of their children being taken out of state. But unless there is a history of or threats from him about taking off with the child, I would not let the uneasiness about it stop the trip.

Based on what? Both parents stand equal in their ability to take their children out of state. And even with threats, a parent does NOT have the right to stop the other parent from taking an out of state trip. ONLY a court has that right.

I have seen many people refer to someone spreading their legs and should have thought about such and such before hand they did so. ANYONE can have a relationship end.

True.

Should the whole world never have sex or children again just because of all the POSSIBLE future situations that might occur????

No but people should KNOW who it is that they are choosing to make a parent when they decide to have sex. People should understand that once they have a child with someone (which can happen ANY TIME someone has sex) they are bound to that person for ever. So unless they are willing to coparent with the person they should quite frankly not have sex with the person.

Should everyone come up with a custody agreement before hand... "Oh before we have kids please sign this custody order so it is all taken care of if we dont work out for some reason." Ridiculous!

And quite illegal and not going to be upheld. End of story. Go back to lurking and hopefully learning a bit about what the heck you are saying before you post.

 

[Luckiecatt]

Based on what? Both parents stand equal in their ability to take their children out of state. And even with threats, a parent does NOT have the right to stop the other parent from taking an out of state trip. ONLY a court has that right.
And quite illegal and not going to be upheld. End of story. Go back to lurking and hopefully learning a bit about what the heck you are saying before you post.

I never said it was LEGAL. Know sarcasm when you read it? And just because I take the civil approach to people does not make me wrong. I make it clear I am expressing opinions based on experience. So I do know what I am saying, as they are my own opinions. You should stop looking for a way to fight in every post.

All I was getting at was that anyone has a RIGHT to feel any emotion they want. (and I stated that in her case there are many reasons that could make someone feel that way) That doesnt mean that a feeling should be acted on tho, or makes for a valid reason for something. You are right about the court, never said with threats that the parent could take action alone. But it would give basis for a parent to take it to the court...

 

[CourtClerk]

I never said it was LEGAL. Know sarcasm when you read it? And just because I take the civil approach to people does not make me wrong.

On a legal forum, yes it does. So hush.

However you are free to take your emotions to warmandfuzzyfeelings.com

 

[Luckiecatt]

On a legal forum, yes it does. So hush.

However you are free to take your emotions to warmandfuzzyfeelings.com

WOW, my mother brought me up wrong. Being civil is wrong?? Good thing she is dead or she might be in trouble for teaching me wrong values. I havent heard any of the posters tell me to hush and THEY are the ones I post my initial comments to, so I will not hush as you request.

 

[CourtClerk]

WOW, my mother brought me up wrong. Being civil is wrong?? Good thing she is dead or she might be in trouble for teaching me wrong values. I havent heard any of the posters tell me to hush and THEY are the ones I post my initial comments to, so I will not hush as you request.

Ok, then we'll start reporting your posts... then you'll be permanently hushed eventually. And whether your mother brought you up wrong is something you'll have to discuss with her. None of us know her.

 

[Ohiogal]

WOW, my mother brought me up wrong. Being civil is wrong?? Good thing she is dead or she might be in trouble for teaching me wrong values. I havent heard any of the posters tell me to hush and THEY are the ones I post my initial comments to, so I will not hush as you request.

You will be reported and this is a legal forum. No one was being rude to this poster. Civility is fine but you need to have legal facts to back it up. Let me just say that OPs telling you NOT to hush doesn't mean much. Many newbies won't tell anyone to hush if they are hearing what they want to hear regardless of whether it has any legal standing or not. Just because we seniors post things directly and don't sugarcoat the law does not mean we are being rude.