Yes, if there is no custody agreement in place, the father of your child may take them out of state. Until there is an order of the court in place regarding custody, both parents have equal rights to possession and access of the child. This means that both parents can make decisions regarding the child, including where to go on vacation and whether or not to move out of state with the child. Although these actions may be frustrating, without a court order in place, they do not constitute kidnapping. If you feel that the other parent of your child…
If you and your ex are working under what is known as a Standard Possession Order, the the non-possessory parent is entitled to a block of visitation time during the summer. How many days the non-possessory parent gets with the children and when that visitation occurs during the summer depends on the geographic distance between the two parents.
If you and your ex reside within 100 miles of one another, the non-custodial parent can possess the children for a period of thirty days during the summer. The default dates for this period of possession are July 1 – July 31 but if the parent desires a different schedule, they must give the other parent written notice by April 1 prior to summer how and when they desire to schedule their allotted thirty days.
If you and your ex reside more than 100 miles away from each other, the non-custodial parent may have visitation with the children for a period of forty-two days during the summer. The default dates for this period of possession are June 15 – July 27, but just like as stated above, a parent may give written notice by April 1 to elect a different schedule.
The non-custodial parent may elect to visit with the children for their allotted period of time during the default dates or may elect to break the visitation up into two blocks of time, for example fifteen days in June and fifteen days in July. Written notice must be served on the other parent by April 1 to express their planned visitation schedule.
Just because the other parent is granted a large period of time does not mean the primary parent has to go 30 or 42 days without seeing their children. The custodial parent may elect a weekend, via written notice to the other parent by April 15, to exercise a weekend visitation with the children during the block of time with the other parent. This weekend must be designated by the parent and cannot interfere with Father’s Day Weekend.
As with all other visitation under your child custody order, if you and your ex can come to an agreement on visitation schedules that is preferable and in the best interest of the parent and successful co-parenting. The Standard Possession Order and summer visitation language are there to dictate visitation only when the parents can’t agree.
If you have concerns about your current custody arrangement or would like to find out more information, please contact the Ramos Law Group, PLLC.