Taking Child out of State

[melliann]

What is the name of your state (only U.S. law)? Minnesota

I have sole custody of my son (if you look at my post hx my husband and I are still wanting to do the step-parent adoption but are unable to at the moment), my son has very complex medical issues and as such he has been approved for a wish through Make a Wish. I just want to make sure that I can take my son out of the state (on vacation) without getting into any type of trouble. My son's father doesn't have any type of visitation (he doesn't want anything to do with my son).

 

[stealth2]

Does your order prohibit removing the child from the state for vacation?

 

[ecmst12]

I don't see any reason you can't take him anywhere in the US for vacation. If you were to MOVE, you'd need to file your notice of relocation with the courts, but since dad is not involved, even if he tried to stop it he probably wouldn't be successful. But you don't need permission to take him on vacation.

 

[wavehopper27]

It really depends on the wording of the order.

My order doesn't require me to seek permission to take my kids out of state, I only have to give 30 days notice but my ex has never made an issue of it.

 

[Zigner]

It really depends on the wording of the order.

My order doesn't require me to seek permission to take my kids out of state, I only have to give 30 days notice but my ex has never made an issue of it.

It would be HIGHLY unusual if a order prevented out of state vacations.

Prohibitions on removal of the child from the state don't preclude vacations.

 

[wavehopper27]

There is a potential , albeit an extremely small one given the circumstances, for the OP's ex to make an issue out of this IF their agreement calls for any kind of notice to be given prior to taking the child out of state and she fails to do so.

 

[melliann]

There is no visitation set in place, due to the father not wanting any at all. I don't have the actual court order in front of me, I had to turn it into Make a Wish for them to see that I do in fact have sole custody of Ryan. There was no mentioning about vacations or such.

Last week when the wish granters were out to the house I gave them a copy of the court order and a copy of my son's birth certificate (that only has my name on it, it was from when he was born and I didn't put his father's information on it), and they had me fill out a single parent form. I just want to make sure that nothing happens right before we are set to go, this is a once in a lifetime vacation and a chance for my son (and the family) to have a fun and relaxing time away. Oh and we would be gone between 7-10 days.

 

[Zigner]

Just go and enjoy - really, even if the father were to later attempt to take you to court for contempt (darned unlikely) you're not going to get in trouble.

 

[melliann]

Thank you all for the advice! We are going to go and enjoy the vacation, and not worry. With all of the medical procedures that Ryan (my son) has been through, this will be a week of relaxation and fun! Heck my husband said that I couldn't use my cell phone at all when we are down there