Legal Question in Family Law in Utah
Child Custodial permission
My daughter, and ex son in law have joint physical custody of my 6yo granddaughter. Recently, I was given an unexpected opportunity to purchase plane tickets at a low cost to visit my son who is in the military, and is transferring overseas for 3 years with his family. My daughter has given me permission to take my granddaughter with me for a 5 day trip. Must I also have permission from my ex-son-in-law, or does my daughter have the power to grant the permission? Normally, we would have given 30 days notice, but the opportunity was unexpected. My GD has not seen her cousins in 2 years, and with the pending transfer will not see them for another 3 years, minimum. The EX has all of his family locally, and my daughter's family is spread all over the country. The EX has historically not been amenable to our taking the child out of the local area.
1 Answer from Attorneys
Re: Child Custodial permission
If your daughter has legal custody of the child, and your trip does not interfere with the custodial rights of the ex son in law, you may take the children.