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I would be wary about taking the kids out of state. You don't have anything in writing from her. She could call the police and say you're kidnapping the kids. This will result in your son having difficulty with custody and visitation.
It's not worth it. It's more important to get something from her in writing. I would ask your son to try to get it from her, otherwise it's too risky. You could be prevented from seeing the kids again and you could be stopped by the police. Never underestimate what parents will do during a divorce. You don't know how she will behave now. She could decide to let you go and then have a change of heart and call the police.
Is there any way you can get your son to get you written permission ? The text is not sufficient.
Did you receive the above? I started answering your question.
I don't recommend it at all. You have nothing to show police. What if you are stopped by police and they're looking for your car? What do you have to show them? Nothing. She could decide to be vindictive and call it in to the police. This will hurt your son's case too. He's not thinking about that. It's not wise without her written permission.
Is she the custodial parent at this time?
I'm right here. I'm here to help you. That's my only goal right now.
Okay thank you. So they have some form of joint custody right now or are they living primarily with her?
You are RIGHT to question this. If you don't have anything in writing from her, he could lose custody of them by giving you the kids. You could lose any visitation rights you may have in the future. He could be in trouble for allowing this. You could be picked up for kidnapping the kids.
It's not worth it.
I have been doing this for 36 years. Err on the side of caution during a divorce case. Everything will be used against him. I don't want to see this happen here. Not worth it. And she knows what she's doing by not giving it in writing!
Buying winter jackets for the trip is not evidence of permission to go. That can't be shown to a police officer who stops your car. It's not worth it.
Your son? Okay, but still, where is her permission to take the kids? You don't have anything to show that.
Your son could be walking into the biggest trap of his life. You never know what people will do. It's not worth it. Why isn't she giving something in writing? You can have him prepare it for her and take her to a notary to sign it. It's way too risky and I think she knows what she's doing.
Do you know what else she can do?
She can file a motion claiming that he took the kids out of state and that she wants him to have no visitation except supervised visitation. The right judge may grant that!
Have him talk to me! I totally disagree with him. He is not thinking ahead.
It's a simple statement, her name, and she hereby gives permission for ____(your son, you) to take them out of state to PA.
I can't make a phone call except through here. I'm sorry.
The call has to be through Just Answer which is an extra service.
Yes, I understand but we have to make phone calls through here. He can post a question here and I can answer here in addition to your question.
I don't know -- the lawyers don't get involved in the pricing.
We're also not allowed to discuss the prices either.
Hello: This isCustomer I will be further assisting you with your post.
If your son has a text from her soon to be ex indicating that it is OK to travel with the kids and your son is travelling with you and can easily show the Police the subject text if the Police stop him and ask for the information, then you should travel out of state with the kids. The fact that she has bought winter coats for the trip is relevant. It means that she knows that the kids are travelling and has no objection to it.
Also and more importantly, your son is not relocating out of state with the kids. He is taking the kids to a relative's wedding and coming back afterwards. So, I will go with the kids under the circumstances.
Attorneys disagree all the time on the issues for various reasons. That's why we have Courts to settle disputes and appeals Courts if the Attorneys disagree with the Judge's decision.
The previous Attorney gave you his/her reasons for his answer. I gave you my reasons for my answer. The decision is ultimately up to you which one you would act on. However, I stand by my previous response based on the information that you have provided.