If you have sole custody does your ex or his family need your permission to take your child out of state?

Answer 1

They can for a vacation. They cannot move permanently without authority from the court. The other parent still has parental rights and visitation rights. The court has jurisdiction. The custodial parent needs the non-custodial's parent's consent to move the child out of state as well as a court approval through a modification of the visitation order. The custodial parent cannot interfere with the non-custodial parents access to the child.

They can for a vacation. They cannot move permanently without authority from the court. The other parent still has parental rights and visitation rights. The court has jurisdiction. The custodial parent needs the non-custodial's parent's consent to move the child out of state as well as a court approval through a modification of the visitation order. The custodial parent cannot interfere with the non-custodial parents access to the child.

They can for a vacation. They cannot move permanently without authority from the court. The other parent still has parental rights and visitation rights. The court has jurisdiction. The custodial parent needs the non-custodial's parent's consent to move the child out of state as well as a court approval through a modification of the visitation order. The custodial parent cannot interfere with the non-custodial parents access to the child.

They can for a vacation. They cannot move permanently without authority from the court. The other parent still has parental rights and visitation rights. The court has jurisdiction. The custodial parent needs the non-custodial's parent's consent to move the child out of state as well as a court approval through a modification of the visitation order. The custodial parent cannot interfere with the non-custodial parents access to the child.

Answer 2

They can for a vacation. They cannot move permanently without authority from the court. The other parent still has parental rights and visitation rights. The court has jurisdiction. The custodial parent needs the non-custodial's parent's consent to move the child out of state as well as a court approval through a modification of the visitation order. The custodial parent cannot interfere with the non-custodial parents access to the child.

Answer 3

• Last year I took my daughter on vacation with me to Mexico. Her father and I were never married and he has no legal custody or visitation, but it was necessary for me to have a notarized letter of consent stating that he was okay with me taking her on vacation. We also both needed to be present for her to acquire a passport.
• Yes you do need the other parents permission either written or in present. My sister-in-law and her single mother friend tried to take her three year old daughter on vacation to Costa Rica and were denied.
• I think it all depends on the country, I am going to Dominican Republic to visit family and I called the consulate and they told me that as long as I have a passport I can take her since I am her mother and have basically full custody.
  
• Even if it weren't out of the country you need a notarized paper stating you have permission from the other parent to travel with your son/daughter and they have to sign the paper.
• Canada is reported to be more strict than the US about children traveling alone with one parent often asking for custody documentation or parental consent forms.

The anecdotes offered above are very helpful. The advice is the same for either a mother or father traveling alone with a child. If you are traveling alone with your child you should be aware that concerns about parental abductions have made border officials more vigilant when they find a child traveling alone with one parent. You should be prepared to produce documentation such as a letter of authorization or travel consent signed by the other parent. In some countries you may not be asked for it. In others, you will be detained until your authorization can be reviewed by officials. The child may even be questioned about the other parent. You should also note that you may have trouble re-entering the country of origin.

In the United States new requirements have been added in response to child abductions and trafficking. To get a passport your child must apply in person with:

• one or both parents depending on the circumstances;
• birth certificate;
• with one parent who must submit the second parents notarized statement of consent;
• adoption decree;
• court order establishing sole legal custody;
• court order specifically permitting travel with the child;
• judicial declaration of incompetence of the non-applying parent;
• death certificate of non-applying parent

A parent traveling abroad with their child must provide U.S Immigration officials with a notarized consent from the other parent for the child to travel abroad. You should consult an attorney to have the proper documentation prepared.

Answer 4

Yes. They need your permission. As the parent with full custody you have the right to make decisions that affect the child including trips out of the jurisdiction. You should also know where the child will be, how long she will be away and how to contact the people she will be with.

Answer 5

Yes they do. That's why you have sole custody. I would check with your local family court to see what the laws are exactly.

Answer 6

In the state of Michigan the answer is yes. You need permission from the court to move outside a 100 mile radius of their current address.

Answer 7

Only if that parent holds legal sole custodial rights.

Answer 8

Typically no. The county and both parents should be in agreement. Even if it's a vacation situation.