Can a non-custodial parent take the children on vacation out of the state without notifying the custodial parent?

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Can a non-custodial parent take the children on vacation out of the state without notifying the custodial parent?

I have physical custody while sharing legal custody. Can my ex take our kids on vacation out of state without telling me?

Asked on July 18, 2012 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

As long as he is not violating the custody and visitation agreement he is free to take the kids away.  He does not have an intention to stay away and not return and he is not taking them anywhere harmful, correct?  I would still ask him to let you know his plans and keep things on the up and up.  Good luck.


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