I know I will probably have to call my lawyer but I am going to ask this ask anyways for my peace of mine. I fill like I know the answer but here it goes. My son's father left us after my son turned 3 months old to the day, not just left but left the state not 100% sure where is went. I went after custody a year later and won FULL custody physical and legal. So the question is we have planned a trip my husband and I with my son out of state, so because the father doesn't live here anymore AND because I have FULL custody do I need to worry about taking him out of the state? Probably a stupid question but I just don't want to worry about.
No, absolutely not an issue. I have sole physical and legal custody of my oldest son and can go wherever I want, whenever I want, with him.
Nope. He's long gone, full legal custody to you so you get to make all the decisions. You can take your kids out of the country if you wish. When getting a passport just show them the court decree and then the need for both parents is waived for you.
Unless your custody order specifically stipulates that you CANNOT travel out of state with your son, you're free to travel anywhere you choose. Where there are OPEN custody cases there are often default restrictions around travel, but your case is already decided.
With sole legal custody you have the right to apply for a passport for your son without needing to get the father's consent (I just looked this up for my own DS), so yeah, you can travel around within the country for sure.
HTH
T.
FULL custody means you can do what you want and not worry about that FOOL.
No worries, that boy is ALL yours. :)
Not a stupid question and I believe you don't have to worry. Just go and have fun.
You should not have any issues. Also, if it has been long enough you can file abandonment and get his rights revoked, and then your husband can legally adopt him (if that is what you all want)
When you have full physical and legal custody, you make all the decisions. You can take him anywhere you like. Your ex has no say.
Read your custody agreement.
I don't think you have a single thing to worry about. You have full custody. Plus it sounds like it's been well over a year? That means he abandoned both of you. Even if he decided during your trip to come out of the woodwork at that very moment and decided right then that it was a problem for him that you took your son out of state without his "permission" and he took it to court, the judge would laugh in his face.
No, you can take him out of the state without any repurcussions. You can't take him out of the country, however. That would require baby's father's consent.
Your custody order will say if you need his permission to take the child out of state, but I suspect it is no, you don't. Especially for just a trip and not a move.
I do not think it Ida problem. You have full legal n physical custody. Check with your lawyer.
What does your custody order say? This sort of thing is written down. If it doesn't say you have to notify the court then you don't. If it doesn't say you have to notify the father, you don't.
Sounds like he doesn't have parenting time, nor is he in contact with your son. Why would you think you'd get into trouble? You have full custody, physical and legal. He is your son. He is not a ward of the court. You can go where ever you choose with him.
I'm just wondering if there is more to the story.
check the custody order
