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Visitation Rights and Out of State Travel

My daughter has a four year old daughter that she has custody of, but the dad has visitation rights. Dad wants to take her daughter out of state for 2 weeks and bring her back. Does my daughter have to let my granddaughter go out of state with him?

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By Violet

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December 12, 20110 found this helpful

What does their divorce decree and custody arrangement say?

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December 13, 20110 found this helpful

As Redhatterb writes, it does depend on the written agreement, but often those are left a bit ambiguous to give parents room to negotiate these things on their own.

If this is the case then the decision depends if Mum has concerns that he will disappear with the little one, or has dangerous habits (drink-driving, drugs, talking on the mobile while driving or speeding tickets).

If she has those concerns she needs to first talk to the ex, then if needed get in touch with either her attorney or the court to make that concern known-that will start wheels in motion that will serve as a warning to the non-custodial parent, and may preclude there being a problem.

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If there isn't any reason to be worried the father is going to abscond or has dangerous habits then she should feel OK to let the child have a lovely holiday with her parent.

I understand your concern, I'm a gran too and there have been a few times the little bells have gone off in my head where my son, his son, and the ex are concerned. I hope everything works out safely and happily for all.

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Anonymous
December 13, 20110 found this helpful

Unless there is a stipulation in the written court order stating he can not take her out of state or take their daughter out of state without your daughters permission then yes she must allow it. As mentioned already, if she has concerns he might not bring her back then she should contact the courts and and let them know of her concern immediately.

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December 15, 20110 found this helpful

Be careful! Very careful! My ev son in law had visitation with my daughters children. He went to a judge in his town and got an emergency order to keep them because they had cavities. It took us 7,000 dollars and several 1200 mile trips for court and at the end the Dad gave her the kids back because he was having an affair with a coworker and was going to get a divorce from his bride of one year.

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My daughter couldn't afford to take the kids to the dentist. He had been ordered to keep health and dental insurance but he never did.This can happen to any woman< especially if it is a far distance and the Dad thinks the woman will have no money or no way to show up for hearings. If me and my husband had not had the monies to help, my grandkids would be no telling where right now...so all woman...be careful!

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