Can I Stop My Child’s Other Parent from Taking My Child Out of the State?

  • By:David Bate

Child Custody

Once you and your child’s other parent were no longer linked romantically, you may have become concerned about your child spending time alone with his or her other parent for any number of reasons. Perhaps your child’s other parent is abusive or neglectful. Maybe your child’s other parent is ill or struggles with substance abuse and therefore is not consistently able to care for your child in the ways he or she truly needs. Or perhaps you just know that you are better suited to pursue your child’s best interests on daily basis. Whatever your reasons for hesitating when your child’s other parent has parenting time, it may be unnerving if he or she wants to take your child out of your home state.

If you hope to stop your child’s other parent from taking him or her out of the state, your legal options will be constrained based on your family’s unique circumstances. For example, you will likely have more options if you have joint custody or sole custody than you will if your parenting time has been limited to visitation. In addition, you may have more options if your child’s other parent is looking to move out of state or if you are concerned about your child’s safety. Please connect with our firm today so that we can learn about your unique situation. Once we know what you and your child are potentially facing, we will be better able to explore any legal options that may be available to you.

If your child’s other parent is “simply” looking to take a vacation with your child out of state, is not likely to harm your child, will almost certainly bring your child back in accordance with your custody arrangements and is not seeking to violate your custody agreement in any way, your legal options will likely be quite limited. But if any of these factors (or a combination of factors) is more extreme, you may be able to stop your child’s other parent from taking him or her across state lines.

It is generally a good idea to explore your legal options as soon as you become aware that your ex is intending to take your child out of the state. If you wait too long, your options may become increasingly limited with time. If you act quickly, you may be able to modify the terms of your custody arrangement, seek enforcement of existing terms or otherwise halt the vacation/move before it is set to occur.

Child Custody Guidance Is Available

If you are concerned about your child being taken out of the state by his or her other parent, please consider reaching out to a family law lawyer in Rockville, MD for assistance. They have extensive experience assisting parents with child custody matters that are complex in addition to those that are relatively straightforward. Once they are able to learn the details of your situation, they will be better able to advise you of your legal options and to help you craft a strong legal strategy if you ultimately choose to take legal action.

Thanks to the Law Office of Daniel J. Wright for their insight into family law and how child custody can affect moving.

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