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Started By
Message
OT Lawyers a question about child custody
Posted on 6/3/21 at 2:43 pm
Posted on 6/3/21 at 2:43 pm
If two parents in Louisiana have 50/50 custody with no domicillary parent appointed and one parent wanted to take the kids across state lines for a trip, do they have to have the consent of the other parent before taking said trip?
I've always heard this was the case, if so, is it a state law?
I've always heard this was the case, if so, is it a state law?
18
Posted on 6/3/21 at 2:44 pm to broadcast_storm
easier to ask for forgiveness than permission
Posted on 6/3/21 at 2:45 pm to broadcast_storm
Don’t know about Louisiana but might divorce decree says “short” trips out of state like vacations are fine with no need to inform.
Posted on 6/3/21 at 2:45 pm to broadcast_storm
quote:
I've always heard this was the case, if so, is it a state law?
Which state are you in?
Posted on 6/3/21 at 2:46 pm to NorthshoreTiger76
I'm more concerned with the opposite, could one parent legally prevent the other from taking the kids?
Posted on 6/3/21 at 2:48 pm to broadcast_storm
quote:
I'm more concerned with the opposite, could one parent legally prevent the other from taking the kids?
That depends.
- Every Lawyer
Posted on 6/3/21 at 2:48 pm to LegendInMyMind
quote:
Which state are you in?
This is in Louisiana
Posted on 6/3/21 at 2:51 pm to broadcast_storm
Isn't this up to the judge?
Can't imagine it's spelled out in a law.
Can't imagine it's spelled out in a law.
Posted on 6/3/21 at 2:52 pm to broadcast_storm
AS mentioned I do think vacations and short trips are ok but to move children across the state line it requires permission from other parent in some legal documentation.
Posted on 6/3/21 at 2:53 pm to broadcast_storm
Where did your ex take your kids?
Posted on 6/3/21 at 2:53 pm to USMEagles
In the custody agreement it does not specifically say.
Posted on 6/3/21 at 2:54 pm to broadcast_storm
What does your divorce decree say?
Typically no consent needed for a trip if the kid is supposed to be with that parent during that time.
Typically no consent needed for a trip if the kid is supposed to be with that parent during that time.
Posted on 6/3/21 at 2:54 pm to broadcast_storm
From a 25 year family law legal perspective, the short answer is "Maybe".
Consult fee is $350.
Consult fee is $350.
Posted on 6/3/21 at 2:54 pm to broadcast_storm
I don’t need permission to take my kids anywhere
Posted on 6/3/21 at 2:56 pm to TDsngumbo
quote:
Where did your ex take your kids?
Nowhere yet but she's trying to take them to Chicago even though my son has his All-Star tournament during that time. She never discussed it with me, just bought tickets and informed me of the trip..my son is devastated thinking he'll have to miss the tournament.
I want to stop her because she's a selfish bitch who only cares about herself.
Posted on 6/3/21 at 2:57 pm to broadcast_storm
Taking that kid to 30A, frick if mom wants you to or not 
Posted on 6/3/21 at 2:58 pm to broadcast_storm
quote:
no domicillary parent appointed
I thought one had to be appointed as domiciliary.. But I don't know the law.
Posted on 6/3/21 at 2:58 pm to Hou_Lawyer
quote:
What does your divorce decree say
It doesn't cover this. Which is very strange because my attorney was very thorough to the point of including custody guidelines during hurricane evac, etc.
Posted on 6/3/21 at 2:59 pm to JDPndahizzy
quote:
I thought one had to be appointed as domiciliary..
Not required in Louisiana
Posted on 6/3/21 at 3:00 pm to broadcast_storm
I'm one of those people. No, you do not. The only reason you have to do that if it is stipulated in the court order. Other parent should not be booking trips during your parenting time and vice versa, without asking for the OK first.
This post was edited on 6/3/21 at 3:04 pm
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