does the father of my son have the power to stop me

Lahni - posted on 12/03/2013 ( 9 moms have responded )

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I'm planning a trip to hawaii for my sister(21)y.o and my son(4) y.o ..my son is going to stay with my parents in hawaii..I can't go because I have to work I don't have vacation yet. I don't have problem with my sister taking my son and he's so exited to go see grandpa & granny..but the only problem is my sons father say my son can't go..he owe child support and he only watch him twice a week my son live with mee ever since he was born..I wanna know what should I do to avoid this situation with him..I know I have to take it to the court and see but I'm not

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Peg - posted on 12/03/2013

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It is a vacation. You have no problems for a temporary trip. However if you are moving your child there and the father is paying support and has visitation you have an issue. If the father is not on the birth certificate or if he doesn't have a written agreement then is opinion means nothing and he would have to go to the expense and go to court to stop you. Your the custodial parent I am assuming so a trip to see grandparents won't even get stopped by the courts unless you are trying to pull something.

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Lahni - posted on 12/03/2013

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No I don't have any but I'm a go to the court and fight for it..thank you for your help

Jodi - posted on 12/03/2013

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Ah, well that explains the issue. 2 years is not a vacation. You are essentially asking him to agree to you moving him away. I understand he owes you child support, but child support and visitation are dealt with separately. You are considering taking away his rights to visitation. Yes, you have to go through the courts to get permission.

You still haven't indicated what your current court orders say. Do you actually have any?

Jodi - posted on 12/03/2013

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Actually, depending on what the custody orders say, he "could" file for contempt if she refuses a visitation. It would be silly of him to do so, because he'd probably lose. but legally, he has the right to do that.

Also, how long is the trip?

Lahni - posted on 12/03/2013

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I know I have he's birth certificate and all other important papers for my son n I need a notarized letter..what else I need please

Jodi - posted on 12/03/2013

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Firstly, where do you currently live? If you are in the US, then obviously you don't need a passport, so that's not going to be a problem.

Secondly, what does your court order say about his visitation/custody arrangements?

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