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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> vacation out of state
Jan 31
2010

Ask a Divorce Lawyer: My kids don't want to spend the summers away with my ex anymore. What can I do?

Posted by Matt Allen in venue , vacation out of state , Erica Christian , Cordell Cordell, PC , Children , Ask A Lawyer

Question: Regarding changing venues. My divorce was finalized in Oregon in 2002. I was awarded sole custody and moved to South Carolina and remarried. My children are now 15 (boy) and 13 (girl) years old and only see their father 49 days each summer, which is his choice. 

The children feel that they are getting of age where they should have a say as to whether they should have to go to Oregon (different county than the divorce) every summer. I want the kids to remain having a good relationship with their father; however, as they grow older, they are pulling away and feel forced by the Oregon courts to keep this schedule until they are 18 years old. 

What is the benefit of our changing venue to South Carolina? Would the court system allow teenagers more say?

 

Jan 23
2010

Ask a Divorce Lawyer: As an aunt, do I have any rights to my nephews?

Posted by Matt Allen in vacation out of state , parenting time , Jennifer Paine , Cordell Cordell, PC , Children , Ask A Lawyer

Question: My sister is divorced with two children from that marriage. I want to take her children on a vacation out of state.

Their father says he wants them to go with me, but he’s being very difficult in terms of trying to establish dates to even take the trip.

As their aunt, do I have any rights or am I at his mercy?

 

Oct 16
2009

DadsDivorce Interview with Christopher Savoies Attorney

Posted by Rick Ortiz in video , vacation out of state , Hague Convention , DadsDivorce Live

DadsDivorce.com editor, Rick Ortiz, talks to the attorney for Christopher Savoie, a divorced dad recently imprisoned in Japan for trying to return his kidnapped children to America.

Savoie's attorney, Paul J. Bruno of the Nashville law firm Bell, Tennent & Frogge, PLLC, speaks to DadsDivorce.com about the circumstances that led to the foreign  imprisonment of this devoted divorced father and what lies ahead in his effort to be reunited with his two young children.

Learn more about how international kidnapping of children of divorce is exacerbated when the kidnapping parent retreats to countries such as Japan, who have not signed on to the Hague Convention. 

 

Nov 29
1999

Ask a Lawyer: Vacation concerns during visitation

Posted by Dads Divorce in Visitation , Visitation , vacation out of state , parenting plan , Parenting , multi-state , ID , custody , Ask A Lawyer

Question:

During my three week visitation with my daughter (I have partial custody) this summer in my state of Idaho, I had planned on taking her for a week in California (Disneyland). My ex-wife lives in a different state (Oregon) and says that unless she approves it, she can file kidnapping charges on me for taking her out of my state of Idaho while I have her. Is this true? And if it is, how can I thoroughly protect myself from this ridiculous occurance, should it happen?

Answer:

I cannot answer your question specifically to the laws of Idaho or Oregon as I am not licensed in those States. In my jurisdiction you would not be prevented from taking your child on vacation unless the parenting plan and/or judgment stated that both parents need to agree to remove the child from the state. Review the parenting plan and judgment that established custody (and any modifications of custody thereafter) for any provisions concerning crossing State lines. Generally you would need to just inform the other parent, provide contact information and an itinerary of where you will be.