Please help!! Can father take my son out of town without my permission??

Michelle - posted on 02/22/2012 ( 1 mom has responded )

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I am a single mother of a BEAUTIFUL 18 month old boy! His father and I didn't establish paternity, but the father is on birth certificate (child has my last name). The father's family lives 2 hours away and never come visit. The father wants to take him out of town with out me to visit family overnight. My son has never had overnight visits yet and father has a bad habit of texting and driving (has gotten in wrecks because of it). Does he have the right to take him out of town with out my permission? Also, how should the overnight visits start? He's never slept away from home before. His father is active in his life. Any time he wants to see his son, I give him permission, unless plans have already been made. I dont want him on the road with my son because I don't trust him and it's too far if something were to happen. Please help! Thank you!

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Andrea - posted on 10/28/2012

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This is a bit late but I would say make sure you get a custody order in before letting your child out of your sight. No custody order = he can keep him and keep him from you. If there is no order to state who has custody then you both have equal rights to the child, and either one of you can keep him and take him wherever. (At least this is how it is in Michigan, may be different in your state)



Now as for him taking the child out of town, with or without custody order he can do that on his time. He could take him out of state if he wanted to. I learned this the hard way. My daughter was going to Chicago with my ex and his girlfriend, and I was scared to death that she would not come back.( I deal with a lot of parental kidnapping with my line of work, so makes me a bit paranoid sometimes, not to mention he had threatened in the past to take her from me.) I thought that he could not take her out of state without my permission, but I was wrong. So I ended up feeling like a fool, but was very relieved when my daughter came back. There will be lots of instances where you will be scared for your child with the other parent, so pick your battles. If you really do not want him traveling out of town, state, whatever, then get that in your custody order when its created. Hope this helps even though its months late.

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