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Parenting -- Special Concerns
Reply to "Can I go on vacation out of state with my kids if DH and I have no custody agreement?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I usually take my kids to see my parents for 7 weeks in the summer. I am a teacher so I can do this. They live across the country. DH and I are parallel parenting in same house but nothing formal filed. He said if I take them on the date I usually take them then [b]he will file an order in court and get the police to come to my parent's house when I get there. [/b]I am going to talk to a lawyer, but since this "talk" just happened, looking to the folks on DCUM to tell me if he can actually do this. He also wants to dictate when I must come back. My parents are in their late 80s and they don't come here anymore so I want to spend as much time as possible and so do my kids who are in upper elementary. Legally, can he dictate my dates? [/quote] What are the police going to do when they get there? Is your husband going to come with them and get the kids? What’s he going to do with them when they get home and you are still with your parents? Is he expecting that you will just come back and parallel parent? This sounds like more of a threat than a reality to me. He is scared, and he wants some control. [/quote] No, he could absolutely file for emergency custody and then get the order enforced by local police. This is not something to take lightly. Who knows if he would actually do it. But taking the kids out of state unilaterally for months is a really very bad idea. OP needs to wrap her head around the fact that she needs to compromise. [/quote] On NO planet will he get an emergency order. On top of that, enforcement across state lines is a joke. It is an empty threat, but you are doing yourself no favors if you go without his consent. I’d suggest coming to an agreement about 4 weeks and then hope he likes having you guys gone and isn’t anxious for your return. Then 4 weeks can turn to five to six, etc etc. [/quote] This is exactly why they are heading for divorce. [b]If he says no, she should respect it or compromise at 2-3 weeks[/b].[/quote] Because he’s a man? Because he’s making threats? That’s not how it works. She says yes, and the trip is status quo which courts uphold in divorces. He can offer to find and pay childcare so the kids stay home with him, but she’s not a prisoner.[/quote]
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