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Question

is it legal for grandparents to take grandchildren out of town for a weekend trip when one spouse consents to the trip and the other spouse does not consent

Submitted: 183 days and 23 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Optional Information

Florida

Posted by soloprac 183 days and 22 hours ago.

Info Request

Dear XXXXXXXXX,

Is there a custody order issued by the court in place?

Thanks.

183 days and 15 hours ago.

Reply

there is no custody order in place, we are married 17 years and both of us have custody of our 2 children ages 5 and 12. as the children get older,we seem to disagree more. my husband is going out of town in a couple of weeks and i have to work,i work nights so my husband has asked his parents to watch the children.i find them to be irresponsable and my 5 yr. old son is quite a handful.i reluctantly agreed since they only live 5 minutes away. now my daughter who is 12yr. old informs me the other night that her grandparents will be taking them away out of town for the weekend. these kids have never slept overnight with their grandparents never mind going out of town for the weekend.i told my husband that his parents do not have my permission to take the children out of town his response was too bad they are going. do i have any legal recourse. i would think that the consent of both parents would be needed please help.

183 days and 15 hours ago.

Reply

Frownthere is no custody order in place, we are married 17 years and both of us have custody of our 2 children ages 5 and 12. as the children get older,we seem to disagree more. my husband is going out of town in a couple of weeks and i have to work,i work nights so my husband has asked his parents to watch the children.i find them to be irresponsable and my 5 yr. old son is quite a handful.i reluctantly agreed since they only live 5 minutes away. now my daughter who is 12yr. old informs me the other night that her grandparents will be taking them away out of town for the weekend. these kids have never slept overnight with their grandparents never mind going out of town for the weekend.i told my husband that his parents do not have my permission to take the children out of town his response was too bad they are going. do i have any legal recourse. i would think that the consent of both parents would be needed please help.

Accepted Answer

The easiest and most logical answer would be that the consent of both parents is needed in order for anyone other than their legal guardian to take them somewhere outside of their home area. However, there is no legal recourse available to you should this happen because there is nothing to enforce (i.e. custody order).

I can't think of anything that you would be able to do in the interim other than threaten that you will seek a court order and everything will have to be regulated should this happen. I am sure he does not want this.

Best of luck.

Sincerely,

soloprac

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Expert: soloprac
Pos. Feedback: 96.8 %
Accepts: 
Answered: 5/23/2009

Attorney

7+ years in legal field, 3+ years practicing attorney in criminal & family law.

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