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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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I get my kids two weeks a summer. My kids are 18 boy, 15

Resolved Question:

I get my kids two weeks a summer. My kids are 18 boy, 15 girl and 13 girl. I live in Mississippi. I want to take my girls to the beach in Alabama but my son has a job and my ex doesn't want me to leave him home alone in Mississippi without adult supervision. Which means, she doesn't want me to leave town. We are divorced and there are no stipulations saying she has final say on what I do when the kids are with me on my two weeks. Isn't it my call on wwhether I stay or go with my girls to the beach. My son is now 18 now. Any advise you can lend will be appreciated.
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.
Hello there:

Thank you for your question. I should start by saying that because the nuances of every situation are different, this information should not be construed as complete or advice without reviewing your custody order in person with legal counsel. That said, there are no automatic, implied restrictions in an Alabama custody order between two parents. If the custody order does not prohibit one parent from leaving the state with his children, it is not prohibited. In fact, a custody order cannot be considered to be violated as contempt unless the parent alleged of violating could, beyond a reasonable doubt, know that he was in violation of the order.

So it is entirely possible that one parent or another did not anticipate a certain scenario, or simply wishes to exert more control over a situation than what they actually have, but (absent language to the contrary), a parent generally can do what they wish on their custody time, including leaving a child capable of caring for himself home alone or leaving the state with his children.

Let me know if further clarification is needed. Thank you.
Customer: replied 1 year ago.

We live in Mississippi not Alabama. Will that make a difference?

Expert:  Brandon M. replied 1 year ago.
Thank you for that clarification. It actually will not make a difference because the underlying legal principle is the same in both states. I truly apologize for any confusion... I had Mississippi is my head, but it came out "Alabama" because there was the discussion of traveling there. I'm not quite as perfect as I try to be :-)
Customer: replied 1 year ago.

No problem. I'm the same way. Thanks for your help.

Expert:  Brandon M. replied 1 year ago.
Thanks, XXXXX XXXXX your understanding. Let me know if further clarification is needed, and please feel free to leave a rating once you finish (we work for ratings here). Thanks again.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12235
Experience: Attorney experienced in numerous areas of law.
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