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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16630
Experience:  Licensed experienced Attorney
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Can my ex husband object to my current husband taking my daughter

Customer Question

Can my ex husband object to my current husband taking my daughter to visit family in Georgia? We live in Virginia.

We have joint custody of our three children, but his wife has mental issues so the kids are not allowed (by the court) to spend the night at their house. My oldest son refuses to visit his father, but the younger two visit every other Saturday, spend the night with ex's parents, and spend Sunday with ex. The children live with my husband and I. They are very close to my husband - he is the one who takes them to school, practice, play dates, camping, etc. in addition to cooking their meals, doing their laundry, and generally ensuring their well being. My ex husband had previously approved a trip for my daughter to take with her friends family (whom he has never met) to NC in August. Can he pick and choose what she does with whom with no reason to back it up? Thank you.
Submitted: 4 years ago.
Category: Family Law
Expert:  Alex J. Esq. replied 4 years ago.
Hello. My name is Alex and I will be happy to answer your question.

I am sorry to hear about this difficult situation.

Since you do have joint legal custody of your daughter with your ex-husband, unfortunately the ex-husband does have the legal right to participate in the decision when it comes to your minor daughter traveling out of state with anyone for any reason and previous consent to an out of state trip by your ex-husband does not waive that legal right.

So, basically if your ex-husband objects to this trip out of state, then you would have to go to court in order to obtain permission from the court for your minor daughter to travel with your current husband, but this might be an uphill battle given the joint legal custody you have with your ex-husband.

I wish you the best of luck and please let me know if you have any related follow up questions.
Expert:  Alex J. Esq. replied 4 years ago.
Dear Jenifer,

Do you have any related follow up questions for me?

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