Preventing Unauthorized Out-Of-State Travel

Noblesville Indiana Divorce LawyerQuestion:

When I made my daily call to talk to my children, my ex-wife told me that our kids traveled out-of-state for the weekend with her boyfriend during her parenting time.

I am furious about this because not only was I never notified that the children were traveling, but they aren’t even traveling with their mother.

What can I do to get my children returned and ensure that my ex-wife does not send them on trips alone with her boyfriend again when I could be exercising parenting time?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana child custody laws where I am licensed to practice.

Where I practice, and likely in most states, notice must be given by the parent arranging the travel to the parent not traveling. Notice of any travel plans with the child should include an itinerary of travel dates, destinations, and places where the child or the traveling parent can be reached, or the name and telephone number of an available third party who who knows where the child or parent may be located.

In addition, since the child is not in the care of the mother, the mother should offer the parenting time to you as the father. Since the child is not with her mother, the mother should offer that time to you prior to giving the time to a third party as the right of first refusal, even though the travel may be for a reason other than that the mother is not available to care for the child.

Especially since the child is not traveling with a family member of for the purpose of visiting grandparents, for example, the court may order the immediate return of the child upon the request of the father.

Preventing Relocation:

Can She Move Away With My Kids?

In order to ensure that a child wrongfully removed from the state is returned, a motion may be filed with the court requesting the immediate return of the child in addition to possible contempt action if the mother’s actions violated an agreement between the parties or court order.

Your best recourse would be to seek out immediate legal assistance from an attorney who focuses on domestic litigation such as the divorce attorneys for men at Cordell & Cordell.

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.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.

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2 comments on “Preventing Unauthorized Out-Of-State Travel

    There must be a reason she’s denied visitation. With police reports documenting… is there abuse history?

    The system is jaded for sure. But not necessarily against dads.

    this is so annoying
    Women can do whatever they want. Men seek legal help and the advice is FIRST pay me then I’ll file this or that blah blah blah and by the time you go to court they have finished doing whatever they wnated to in the first plce. The court doesn’t care about fathers rights they just care that you keep paying child support THATS IT! bottom line. I haven’t seen my daughter in over a month and have court orders to see her 3 times per week. I have police reports documenting denials. Moms about to take her out of state. What will the court do . Give me a paper that says don’t do that. The court date is passed their intended departure date. I have no more money for an attorney meanwhile she get $1200 pr month in child support. Great system.

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