Thursday, October 23, 2014

Could I take my youngest to go see her dads mother without his say so? I have sole physical custody and we share joint legal

Question

Could I take my youngest to go see her dads mother without his say so? I have sole physical custody and we share joint legal



Answer

That is something that depends on the exact facts of your case. For example, if you are in the middle of a divorce or paternity action, there are automatic temporary restraining orders that prohibit removing a minor child from the state without the consent of the other parent or a court order. It is not clear where you are taking the child, whether it is out of state, whether an action is in place, whether the ATROS have been superseded, or even whether there is another type of restraining order in place.

Your question is tantamount to asking "can I do whatever I want, whenever I want?"



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