Legal Question in Family Law in Minnesota

Re: travelling with child out of state

Thank you for your question regarding travel with your girlfriend's daughter. More facts are required to evalatue the issue, so what direction I can provide here is only general in nature.

If she has sole physical custody, and gives you permission to take her daughter out of state for a trip, you are free to do so, although I would need to review the divorce decree before commenting further, and would want to know much more about the relationship of the various parties involved. Moreover, even though the father's permission may not be required, I would encourage you (or your girlfriend) to provide notice of the trip and obtain her exhusband's consent -- particularly if they have a contentious relationship (odd as that may seem).

Although most people will not include a restriction on travel out of state in their divorce decree (other than a provision prohibiting a permanent move out of state), some will include a provision that requires a consent to travel, or one that guarantees the "noncustodial" parent shall have the child if the custodial parent is unavailable. In that case, the child's father may claim that he should have the right to spend time with their daughter if the mother is otherwise unavailable or does not intend to spend time with the child. But more important is the practial effect that a trip, without notice and consent, will have on the relationship you and the mother will have with her exhusband. If he is a concerned parent, he will probably be concerned about his child travelling without notice, with someone he does not know. That fact alone may provide fodder for a subsequent dispute over custody or parenting time, depending on the nature of their relationship, and the more acrimonious their relationship, the more likely it is that this will become an issue. It will certainly make him more suspicious and cautious, and this could have a negative effect upon his relationship with the mother and you. Put yourself in his position, would you be comfortable with your child travelling out of state, without your knowledge, with someone you don't know, to visit a family you've never met? It might be different if you and the mother were married, and he had an opportunity to develop a level of trust with you. But at present, that appears not to be the case.

Although there is nothing "illegal" about the planned trip, I think it inadvisalbe to travel without his consent.

As I noted, more facts are required to evaluate the matter. If you have additional questions or concerns, my contact information is below.

Good luck.