It is important to know when can a parent take a child out of state. An out of state move can occur when the other parent is in agreement. Where there is no agreement to allow the move, it can be very difficult to get court permission to relocate out-of-state with a child.
It would need to be proven that the child will be better off in the new location, away from the other parent. It will also factor in, if the objecting parent has a limited schedule with the child or has not been active, stable or present with their visitation.
What happens if a parent takes the children on vacation and fails to return?
It’s important to immediately petition the court for the return of the children and if that order is granted, the Sheriff’s office will go and collect the children from wherever they are and bring them back to the other parent.
What often happens in these situations is the parent who has left with the children may make an abuse allegation and that will have to be dealt with as well.
How do you disprove an abuse allegation?
It’s important to search for objective evidence outside the words of both parents. We need to examine the timing of the allegation and the removal of the children by the parent.
When there is a lapse of time between the alleged abusive incident and the parent doing something about it, reporting it to the court or absconding with the child, then that has to be considered as well.
Learn more about child custody and visitation.