Can a small child be taken out of state without the other parents permission?

by Crazyguy 5 Replies latest jw friends

  • Crazyguy
    Parents are still together not divorced. One parent a jw wants to take a small child around age 7 out of state for a few months but other parents wants the child to stay home. If the child is taken out of state can the parent that doesn't want him to go do anything? I know if divorced I think the parent that doesn't want the child to go can call police and report child ubducted by other parent but not sure in this situation.
  • OnTheWayOut

    If the parents are together, they have shared custody similar to divorced parents with that custody stated in writing. So they probably do need the permission of the other parent. But since they are together, most legal jurisdictions would assume that without some order preventing such travel, the consent of the absent parent is implied.

    In other words, a parent can probably prevent such travel. But just not stating consent won't be enough. Some legal entity would have to be contacted somehow. It would only be a violation of the law if a parent crosses state lines in violation of a written custody order.

    If the parent not wanting to give permission wants to avoid legal fees and court orders, they can mention how they COULD get an injunction and that COULD be the beginning of divorce/separation proceedings and how such travel prior to any proceedings that is not unilaterally agreed upon COULD make a judge think that "we" won't be able to effectively co-parent the child[ren]. And throw in the thought that judges might rule against a JW on such matters.

    But seek legal advice. I just think in legal-eeze.

  • the girl next door
    the girl next door

    Either parent can take children on any trip they wish without the consent of the other parent as long as the parent intends to return. Parents have the right to know 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 when they will come back, and contact information as evidence the parent is attempting to withhold the children from the other parent; that is illegal in most states ( parental withholding)

    Even as married parents, one parent can file an "ex parte emergency Motion for Temporary Custody" to prevent the travel plans or have the child returned from out of state. "Ex parte" means you testify to the judge by yourself without waiting for a hearing that the other parent can attend. Tell the clerk and the judge that your motion is “ex parte” because of the emergency of the other parent taking your child. If the judge gives you an order of temporary custody, the police will try to find the other parent and serve him with a copy of the order. The other parent will have to comply or face contempt of court. You will then have to go to another hearing, later on. At the hearing, the court will decide what to do next about custody. 

  • the girl next door
    the girl next door

    Sounds like the makings for divorce court.

    If a legal separation or dissolution is filed, the courts would automatically prevent out of state travel for the minor without parental consent. Might be the best option if parent left behind is adamant about not losing parenting time.

    Or there is always something like this to look into:

  • My Name is of No Consequence
    My Name is of No Consequence
    Get the right answer. Call an attorney.
  • berrygerry

    One parent a jw wants to take a small child around age 7 out of state for a few months but other parents wants the child to stay home.

    This is a WT basic operating procedure.

    Get out of state, and file a restraining order against the non-JW spouse.

    Why would anyone take a kid out of school to another state?

    Why is this even being asked?

    Phone a lawyer ASAP.

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