Legal Question in Family Law in Pennsylvania

Unmarried father child on vacation

I have been living with my girlfriend for nearly 7 years. We have two children, a son who is 1 y/11 mo old, and a daughter who is 2 months. My name is on the birth certificates and the children use my last name. Her stepson, age 10, lives with us and he and I are also close. We both work, share expenses, and responsibility for all 3 children.

I would like to take my son (he will be 2y/o on Nov. 13) to Florida to visit my family for a long weekend. My girlfriend says, emphatically, no, that he is too young.

We have really had a falling out over this.

Do I have the right to take my son on a weekend trip? Does she have to give me permission? If I take him, can she claim that I've kidnapped him? It's just a 4 day trip. We should be able to work this out to a mutual agreement, but can't.

She says that since she is the mother, she has the right to refuse that I take him overnight. I have no say in the matter. Again, we have lived together all along, and of course I kept him here overnight while she was in the hospital having our second child.


Asked on 10/02/07, 7:00 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Unmarried father child on vacation

You asked about taking your child on vacation.

As you are the father of the child and there is no superseding custody order then you have as much right as (your soon to be ex) to take the child.

But that doesn't mean that she can't make a heap of headache for you when you travel, or more likely when you return.

My suggestion is to address her concerns, such as if this is a medical concern have it cleared by the child's doctor. I know that younger children travel regularly because I always get seated within a few feet of those noise generators.

You generally can't be charged with kidnapping your own child unless it is done against an order stating otherwise. If you go ahead and travel against her wishes, make certain you have documentation out the wazoo and plenty of bail money.

Regards,

Roger

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Answered on 10/02/07, 7:31 pm


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