Legal Question in Family Law in California
Out of state visitation
I live in California and my ex-wife lives in Texas. I have joint legal and sole physical custody of our children. She has visitation according to a custody plan that was agreed to prior to her moving to Texas. She would like to take the children to Texas with her during the Christmas holiday. She has visitation during this time, but the children don't want to go with her and I told them they did not have to go to Texas. Can she still take them out of state without my permission ? Nothing in our court orders addresses this situation, and it is to near the visitation dates to have a hearing.
Thank you.
1 Answer from Attorneys
Out of state visitation
Can't comment on the law in California, but the answer here in Tennessee and in most states is a very clear YES.Unless your state law or the Order prohibit the noncustodial parent from going out of state for the visitation.The noncustodial must return the children as scheduled, but what he or she does with the children during visitation is not something you get to control -- it is HER visitation.On a more general point here... you seem to be a LONG way from reasonable here, and it sounds like you are trying to frustate your ex's visitation.
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