Custody & Kidnapping

Although I cannot speak to your specific situation, in some instances, whether or not a parent can take his/her child out of state during his/her time with the child may depend on whether or not the issue is addressed in the custody order. Sometimes, for example, an order may say that the custodial parent must give consent for the child to be taken him out of state or perhaps that either parent has to give the other information about their whereabouts if going out of state or something similar. If you are unsure whether or not your order addresses this issue, you may want to show the order to a lawyer for advice.

Another instance where leaving the state with a child may present a problem is when the visit would cause the parent to violate the custody/visitation order or schedule in any way. Again, I cannot speak to your situation or whether or not the other parent’s planned trip would violate any part of your order or not.

It may also be possible, perhaps, that there may be something in your state’s laws that may address this issue even if the issue is not addressed in the custody order - I do not know. You may want to talk to a lawyer in {STATE} who specializes in custody to find out if perhaps there is something in the law that addresses this and to get advice on your particular situation. Here are a link to free and paid lawyers: {LINK}

Often times, courts do not want to get involved in the specifics of what a parent does during his/her visitation time unless there is some reason to do so. For example, if there is there a particular reason that a parent doesn’t want the child going out of state (e.g., if the child has a serious medical condition that requires him/her to be close to his/her doctors), perhaps a court may restrict where a child can go during his/her time with either parent. Again, hopefully a lawyer can advise you about your situation - I am sorry that I cannot.