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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My ex-husband and I have a 5 year old daughter. We do not

Customer Question

My ex-husband and I have a 5 year old daughter. We do not have legal court documents stating any custody arrangements. She is with me the majority of the time. He is currently out of the country on vacation. My parents surprised me and my daughter with a Disney Cruise vacation last week. I never thought twice about taking her...especially since he was on vacation himself so it would not interfere with any time he would have spent with her. When I told him about it, he got really upset....I am assuming it is because he wanted to be the first one to take her on a Disney Cruise. I told him that was being silly and that I was just letting him know that I was going to take her on the Disney Cruise with her Grandparents and we would be back before he returned from his vacation in Spain. When I got to the airport, my passport was taken from me and I was not allowed to leave with my daughter. He called them and told them that I did not have his permission. My question is this....Did he have the right to do this being that we do not have any legal custody arrangements in place? I am horrified! He takes her on vacations all of the time...he is a very wealthy man...I don't have two pennies to rub together. I have never given him an ounce of grief for taking our daughter on nice vacations. Please help me
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel. Please note I do NOT participate in phone calls offered by this website and we will continue here. Thanks for your patience while I read your facts and I will respond here shortly.

Expert:  Samuel II replied 1 year ago.

Hello

Unfortunately, yes. And that is why a court order is important. It will address all of these issues such as traveling for vacations, etc.

I suggest that you consider filing for a custody order. You can do it yourself, but you might consider at least consulting with a local family law attorney. If you do not want a local attorney to help, then I suggest you go to the clerk of the court in the county where you and the child live and ask for the packet of documents to file for sole child custody.

Expert:  Samuel II replied 1 year ago.

You can review the forms, see if you want to DIY or have a local attorney do it for you. While this is not something that is going to help with the planned cruise, it is something so in the future this never happens again. I suggest you can get a Temporary Custody Order until the hearing can be held, or you figure it out in mediation.

Expert:  Samuel II replied 1 year ago.

That temporary order for sole custody should be sought for both Legal and Physical custody. That way you make all decisions regarding your daughter without any input from the Father. He can dispute it at a hearing or in mediation.

Expert:  Samuel II replied 1 year ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures I get credit for my time.

Customer: replied 1 year ago.
Thank you so much! This really helped me!
Expert:  Samuel II replied 1 year ago.

You're welcome. Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures I get credit for my time.