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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30168
Experience:  Attorney with experience in family law.
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I need to go out of state to care parents? My x will not

Customer Question

I need to go out of state to care for my parents? My x will not return phone calls or reveal his new address so that I can get permission to travel out of state. Can I leave the state with my son to help my parents? If not, what can I do fast? I have no
one to care for my son while I am gone.
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
During your scheduled time with your own child, travel out of state is allowed, as long as the court order doesn't require prior consent (but always check to see what it says). You only need permission to move out of state. If you're coming back, you're allowed to go. But if you're planning to fly, check with the airlines to see what they require to allow you to travel with your son.
However, if you don't know how long you'll be gone and have a set return date, or if the travel is going to interfere with the other parent's parenting time, then you have the ability to file an Emergency Motion for Out-of-State Travel, explaining what happened, why you need to leave town immediately, and what you've done to find the other parent and get permission. That could be filed as soon as the courthouse opens this morning.
If you've only called, it may help to text so he sees what the emergency is and knows that you need an immediate response. That way, you don't have to wait for him to get around to listening to your voice mail messages. Email could also work if you have it. Any written communication that he can respond to with consent that you could later show the judge if he complains. Plus, then you can show the judge your text and that he didn't answer to argue that he failed to object and therefore implicitly consented.
It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.