Visitation out of state

[sgrant]

My orginal visitation argeement is in MA, both myself and my son's father lived there (MA) until a few weeks ago, my son's father and I where never married if that matters. The argeement states reasonable visitation with reasonable notice to mother (me) Well the father has moved to Texas a few weeks ago and has stated that he wants to come and get my son to bring him to Texas for his visitation. My question is, do I have to let him take him out of state legaly with no order stating that he is no longer living in MA? I'm afraid if he takes my son to Texas my son won't return with the way things are now. What steps if any can I take through the courts to make sure he is returned? One more question, my son is 5, when and if we go to court for this can I legaly make it so my son doesn't fly by himself ie. myself or his father fly with him?

 

[I AM ALWAYS LIABLE]

My response:

You tell good 'ol Dad that you DO NOT interpret "reasonable visitation" to include flights out of State. In fact, you let Dad know that you consider it "unreasonable" and an inconvenience.

Therefore, you let Dad know that while he's welcome to see his son anytime he wants, that it shall only be on YOUR "turf". And, if he makes a stink about it, tell him that his visitation will now be "monitored" to ensure that the child stays within your jurisdiction.

If he presses the issue even more, tell him that you're now filing for Modification of the visitation order due to the "changed circumstances" concerning the fact that Dad is now in another State, and will ask the court for new orders that all visitation occur within your State, and all visitation will be monitored at Dad's expense. That, come hell or high water, you'll fight like a cornered cat to make sure that the child does not leave the jurisdiction.

IAAL

 

[rubyroo22]

Great advice, IAAL!

I have a question for you (IAAL). I am in the same boat as "sgrant", but I went and told my daughters Father that I would bring her down to PA (at his expense) so his family could meet her. If he wanted to, could he legally take her from me, or try any other weird jurisdiction stuff? He is not yet on the birth certificate, but we did have a paternity test done (results show him as the father).

We have not yet been to court to set up visitation or custody.

Is this a really dumb move on my part or what? We are going to be flying down there from MN in 3 weeks. He has bought the tickets and everything.

 

[LegalBeagle]

Great advice, IAAL!

I have a question for you (IAAL). I am in the same boat as "sgrant", but I went and told my daughters Father that I would bring her down to PA (at his expense) so his family could meet her. If he wanted to, could he legally take her from me, or try any other weird jurisdiction stuff? He is not yet on the birth certificate, but we did have a paternity test done (results show him as the father).

We have not yet been to court to set up visitation or custody.

Is this a really dumb move on my part or what? We are going to be flying down there from MN in 3 weeks. He has bought the tickets and everything.

Always best to start your own thread.

Since there is no court orders in place, he could take the child or refuse to return and there would be nothing you could do about it. Wait until you have legal court ordered custody and a proper set visitation schedule in place.