If I am going through a custody battle can the other parent take the child out of the state without my consent

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  • 1 decade ago
    Best Answer

    hello,

    well i am in missouri and the custodial parent can leave out of sate for like a few days but if it interfears with his or her visitation no they may not....the parent wanting to leave the state your in needs to send a certified letter to the other party stating what they want to do with a destination time and a drop off time and when the child will be back in the town you live in....i am going through the same thing right now...i went to texas and did not notifie the father because there is no court order and i have all cusdotial rights and he has no say so in what ever i do with her just as long as it does not interfear in his visitation time with her.....but make sure it states in the court order that if the other parent is to leave state that the courts will interviene and thake legal action twards the other parent for parental kidnapping....the court order is just an agreement between you and the other party...;and the other person does not have to do what it says unless it says the courts will interviene if they do not....good luck in your situation

    Source(s): self experience
  • Anonymous
    1 decade ago

    No, if they do you can have them charged with kidnapping. In ANY state if a court ordered custody has not been handed down NEITHER parent can take the child out of the state where the custody issue was begun until it is settled without the permission of the other parent. If the other parent does not have an order of custody they can not take that child over state borders, no matter what state you live in. There HAS to be an order of custody in place or else it is considered kidnapping in ALL U.S. States.

  • 1 decade ago

    yes but when it is time the parent has to come back each time from the other state for the hearings and to you will need to think on how you would meet half way driving or 1 bring 1 way other bring back or flying depending on age being with adultflying to and from and the cost call a family attorney and get some advice there is alot involved its more of the childs well being there the 1 in it all no one can be selfish

  • Anonymous
    1 decade ago

    That depends on what state you're in and what the current arrangement is. Does the other parent have temporary full custody? Is there a legitimate risk of kidnapping? We really need to know more details before an answer can be given.

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  • 1 decade ago

    Yes, but they have to inform you where they are going and when they will return. If they are vacationing and it is during their scheduled visitation you cannot stop them, but if they refuse to give that information, then you should contact your attorney and have it written that they are refusing to give you pertinent information. His/her atty. will then get you the information. If they leave and refuse to return with the minor child, it may be kidnapping. Talk to your attorney and find out more from them. If you refuse to give consent, then it may make you look bad in court. They will try to make you look like you are difficult and refusing to allow visitation with their child and this could lose you the case. Be careful how you handle this and always consult with your atty.

  • 1 decade ago

    Probably not legally but it will take some one so long to go through the red tape, it isn't worth the battle.

  • 1 decade ago

    No. You need to inform your lawyer or the judge that your child has been removed from the state.

  • 1 decade ago

    if it is still under litigation...no, no one can take the child out of the state without permission of the other parent.

  • 1 decade ago

    They can until it is specified in a court order that they can't. You need to tell your attorney you want that specified in the court order that they can't leave the state unless you do.

  • 1 decade ago

    First thing is that depends on the state to which you live. But, In most state he can but, it is illegal . and they can arrest him if you push them to arrest him. Than he will be real sorry. The thing with that is they have to find him first.

    Source(s): I had a husband that wasn't smart enough to keep going. An I Thank the Lord for that.
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