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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23414
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My wife and I are still living together with our 2 children

Customer Question

My wife and I are still living together with our 2 children but are soon going to get a divorce. I want to take my daughter with me upstate to visit her grandfather and she won't let me. Do I have any rights allowing me to take her with me?
Submitted: 2 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 months ago.

Good morning. I am sorry to hear about what you are going through. How long will you be gone for?

Customer: replied 2 months ago.
5 days
Expert:  FamilyAnswer replied 2 months ago.

Thank you. Yes, as the father you have a right to take your daughter. This is not a situation where you are divorced, separated or there is anything pending with the court and/or court order, that would restrict you from traveling with the child. Moreover, you are planning to return and only going away for 5 days. While she objects to you going, there is nothing wrong or illegal with you taking her, if you wanted to, at this time. The fact that the relationship is leading to divorce, yet nothing has been done, does not allow her to restrict your ability to go.

Expert:  FamilyAnswer replied 2 months ago.

I just wanted to follow up and see if there is anything else I can answer or clarify. I am here to help so please just let me know

Expert:  FamilyAnswer replied 2 months ago.

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