taking kids out of state

taking kids out of state

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wondering

Grayson, KY

#1 Mar 24, 2011
Hmmm!! Now is it not illegal for a parent to take a child out of state without the other parents consent, when you have joint custody? Just wondering cause ex is thinking about it and I am against it. I think they did last year also without my consent. So am I wrong or right? I could get a lawyer but would rather go thru other means because of the cost but if I have to I will. The money I would spend on a lawyer would be better served for my child. So any good info on this would be appreciated.
a mother

Nicholasville, KY

#2 Mar 24, 2011
well stop before u get started cause ur going to wasted ur money cause there going to let the mother take them cause if she is the 1 that takes care of them sends them to school and takes them to the dr and ex.... but really i cant tell u what to do but do what u think is best

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wondering

Grayson, KY

#3 Mar 24, 2011
I didn't say a mother and besides he or she don't take care of em we both do and I have equall rights. I put no gender here cause of this and I did that for a purpose. Either gender is equal so therefore you don't know what I am. So therefore I didn't put gender because of byass. So according to what I have read upon in Ky law this person has allready commited a crime.(by taken child out of state without permssion or knowledge last year) So you may have issues with someone but I want legal facts or as close to it as I can get to go this on my own. And as far as doctors I have had my child to the doctor I have taken my child to school and had issues with that , so I don't care who you are. I just want facts to save me on attorney if I can do it on my own. So I can save money for my child.
found this

Grayson, KY

#4 Mar 24, 2011
Ok, I guess i need to be more clwer ont his issue, so

Parents married:
either parent can take children on any trip they wish withOUT the consent of the other partent as long a sthe parent intends to return. Parenst have the right to knwo where their children are, however. Law enforcement and the courts consider refusal by one parent to tell the other parent where they are going and whenthey will come back, and contact information as evidence the parent is attempting to withhold the children fromthe other parent; that is illegal in most states ( parental wihholding)

Parenst divorced or never married:
custody order controls. same as above , even it is during the allocated parenting time and even if the parent leaving with the children is the custodial aprent, both parents have the right to knwo where their chidlren are.
If the NCP want to take the children out of state ( or even out of the jurisdiction of the court that ordersed the custody) the written permission from the custodial/primary parent is required.
if the NCP fails to get written permission, they coudlface serious criminal entanglements ( kidnapping has at least 15 to life in all states); don't do it.

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wondering

Grayson, KY

#5 Mar 24, 2011
Don't think this is ky but thanks anyway.
whatuthink

Grayson, KY

#6 Mar 24, 2011
OK got a kid other parent doesn't inform on any school activities, doctor's appointments, sickness, or any major event in the life of the child. Yet other parent does not tell me anything about my child in school or their health. They refuse my calls to my kids(tho I ask for them) they say they are outside or aren't there to I ask for them and can hear them in the background.They deny me any major info period, trying to make me look bad, tho I wany to know about my child. They try to make me look bad in front of my child by telling them I don't call. like I don't call. Well the kid knows who the bad person is cause when they ask to call me the other won't let em. So I hope that the child hates you to no end....No doings of my own...
lol

Chesapeake, OH

#7 Mar 25, 2011
Are they moving the kids out of state or just going on a trip? The other custodial parent isn't imprisoned in the state of KY because you live here. They can go on trips.
wondering

Grayson, KY

#8 Mar 26, 2011
a mother wrote:
well stop before u get started cause ur going to wasted ur money cause there going to let the mother take them cause if she is the 1 that takes care of them sends them to school and takes them to the dr and ex.... but really i cant tell u what to do but do what u think is best
Well for your info,whoever you are, I also take them to doc school and ect. I also know what the law states and I don't wan't my child out of states with a bunch that don;t even put them in seat belt and if they do it's not properly done. Got tapes to prove that. So I guess I will take your advice, get a lawyer to prove my case even tho it will take money away from my kid. I am tired of that bunch mistreating my child and what my child lives in so yep I am going to court full steam. When your kid starts talking about drugs and it looks like an 80 to them and them not 4 yet....time to take action hoping not to late.
Pointless

Charleston, WV

#9 Mar 27, 2011
wondering wrote:
Don't think this is ky but thanks anyway.
I think if you have joint custody that you do have all rights to take your child anywhere you please. If you take them on the other parents time then you can't do that. There is no law against doing what you want with your child when they are in your custody if there isn't something about it in the divorce papers. They are your children.
a friend

United States

#10 Mar 28, 2011
Tim if your willing to spend all this money on a lawyer that you says you have why can't you pay your child support and get caught up on that and as for your last comment if you have proof of them not being in seat belts properly how did you get it when you never show up to pick up your kids and never spend time with them since your either working six days a week or sleeping all the time you just need to give up because you are never going to get what your wanting.
wondering

Cleveland, GA

#11 Mar 28, 2011
Why post names on here when you don't know what's going on? Never mind who you putting down. This has nothing to do with whomever you posted here. No names are mentioned here for a reason. If you have a problem go somewhere else. This post is not for name bashing just as info. Sorry you have a problem but it has nothing to do with this situation so Please go somewhere else.
Facts

Saint Louis, MO

#12 Jul 15, 2013
It is illegal for the custodial parent to move out of state with your child. Visitation/custody has nothing to do with child support. With that being said a custodial parent must provide a certified letter with 60 days notice before the intended move. 30 of those days of which you have to respond. If you did not receive a certified letter and it was not filed in the court jurisdiction of which your child resides revising a new proposed parent plan then the move it a moot point. I suggest you file a motion to object, modification of custody/visitation. If the move has already taken place without your consent you should go to the court and fill out the necessary forms to enforce the child to be brought back to the state where you reside. The custodial parent can be held in contempt of court and custody may be switched especially if the move was intended to deny you access to your child. You should atleast seek legal consultation. Sorry custodial parents but we all must obey the law too and put our children before our own selfish needs. That's part of being a parent
XYZ

United States

#15 Jul 15, 2013
If the parent has joint custody, if they are taking the child on their scheduled time... then let it go, cause you sound pretty spiteful.
If the parent is putting the child at risk, they are probably putting the child at risk in state, also.
You should revisit the reason for your anger, perhaps it has nothing to do with the state line.
Facts

Saint Louis, MO

#16 Jul 15, 2013
If a parent is moving with their child out of state they have to follow procedure just like any other custodial parent. If not then the court will find the parent in contempt and they can lose custody of their child to the other parent
Bob

Dahlonega, GA

#17 Jul 15, 2013
Actually, child custody issues are handled in civil court, so technically it is not "illegal" for a non-custodial parent to take children across state lines in a joint custody situation. The non-custodial parent must abide by the divorce agreement/custody order, however. If that parent fails to do so, then he or she may face criminal charges if the family court judge imposes such.
concern

Van Nuys, CA

#19 Mar 8, 2014
Can I take my children to Vegas for my wedding staying two days returning on third day . me and my ex wife have joint but kids live with me (father) she get some visitation.
Mel

United States

#20 Mar 21, 2014
My brother and his girlfriend Are splitting up and they live in Iowa. They have a child in common but no custody orders in place. Does anyone know if it's against any law to take the child out of state ?

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Stephanie

Lake Geneva, WI

#21 Apr 12, 2014
I have have a ? and I have been looking for answers and maybe someone can help me...my sons father and I were never married but do have a kid together he wants to take our son all the way to florida for 3 months but I have physical placement and full custody of my son..is he still able to take him out of state..
Really

Hillsboro, KY

#22 Apr 12, 2014
Stephanie wrote:
I have have a ? and I have been looking for answers and maybe someone can help me...my sons father and I were never married but do have a kid together he wants to take our son all the way to florida for 3 months but I have physical placement and full custody of my son..is he still able to take him out of state..
If you say no then he can't.
Ginny

North Little Rock, AR

#23 May 7, 2014
My ex died a year after re-marrying ( because he was diagnosed terminal cancer). The new step ( 5th wife) got 4 months of SS meant for me to raise the minor children and is fighting SS still ten months later. I have custody. She recently got " visitation" after being a step for only one year. The kids were with me or their father until the day he died, then with me. Her " friend", " relative" " socialite" and person she's been contributing to for attorney general, is the judge. Her attorney knew of this " conflict" and fostered this incest. I didn't know until a few days AFTER this new Judge ruled AgainST AR state precedent of Spivey vs Spivey Supreme Court decision which struck down step parent visitation. This incestuous judge gave her one weekend per month and TWO weeks per year of vacation of-her-choice. Said she was "loco Parentis". Hmm. Says she "can travel" with minor. I forbid her to travel out of jurisdiction. Meanwhile I'm trying to get back the SS money, the life insurance was spoked to come to me per divorce decree yet she has it and I'm supposed to get an income tax return but she filed for the children as defendants but they live with me! My attorney is afraid of this hot shot and politically motivated Judge. The judge, his wife are friends and family of the step but I already mentioned that. My last attorney retired so I got a new attorney to fight the visitation ( after the steps guardianship attempt failed). I'm tired. Emotionally and Financially of fighting this injustice. My new attorney is scared to buck this judge. I started my appeal. I shouldn't even have to appeal. This judge should have looked at state precedent law but he refused. This judge should have RECUSED because he is family and friends with the step. The step refuses to discuss the trust fund. Refused certified letter from me for Four months yet the judge didn't even rebuke her. She pays no child support and nothing from the trust fund. She refuses to communicate unless it's to State her intention of " vacation jun 1-7. Etc.
how do I attack this? Appeal was started three days after judge gave her visitation. What about the conflict of interest of step with judge? What about recovering the lost monies and time for having to fight this incestuous mis-ruling? What about the steps attorney that told my children to spy and lie to their mother for two weeks while step hid them/kidnapped them? Step wouldn't answer the door for the police but got three teleconferences with the judge to say it was okay to keep the kids Despite the Ex Parte for my sole custody the next morning afyer ex died. Why does a good mother have to fight this nonsense and the local attorneys don't have the balls to stand up to a corrupt judge? This step doesn't pay child support yet has their trust fund. She refuses to communicate with me. Refuses my certified mail. She married my ex as soon as she found out he was terminal ( oh yes her last husband died of cancer and she kept that life insurance too-she bought a new house a new Cadillac). She has tried to alienate me from my children. She hid/kidnapped the children during my court-ordered two week vacation. Her sister-in-law ex-sheriff and now co-worker with the presiding judge didn't let the police remove the children from her home. I'm sure they would've kicked down my door! How do I approach all these injustices?

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