Because of my state’s divorce waiting period my wife and I are separated but have not yet filed for divorce.
Since there are no parenting time orders, am I allowed to travel with my child out of state? My wife is refusing to give me permission, but do I need it?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.
First, when a court order exists, the parties must follow the Order or risk a possible Contempt or Show Cause Action.
As there is no court order, the parties operate under what is considered the basic rights and fundamentals of a parent-child relationship and a marital relationship, according to many state’s divorce laws.
That being said, you both have equal rights to your child. Neither of you have any more rights then the other person. You may both travel with your child, enroll him/her in school, take him/her to medical appointments, and make basic fundamental decisions for the child.
Until there is a court order, you can both ultimately do as you please. This also means she cannot keep you from traveling with your child and the police will not typically become involved. Should your wife want to keep you from traveling with your child, she will need to get a court order stating the same.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.