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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19664
Experience:  B.A.; M.B.A.; J.D.
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I live in Florida my son is in the middle of a divorce and

Customer Question

I live in Florida my son is in the middle of a divorce and we are making the trip to Pennsylvania is soon to be ex-wife said it's fine that we take the kids up there it's to his brothers wedding, but she refuses to write me a note arise letter saying it's OK, my son claims he has a text on his phone saying it's OK. Can I get in trouble for taking these kids across the state line
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Florida and we're going to Pennsylvania
JA: Has anything been filed or reported?
Customer: No we haven't even left yet I want to know the laws before I leave
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not really I just want to make sure that I can't get in trouble, the wife keeps saying it's fine just do it she even bought them some winter clothes
Submitted: 11 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 11 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, and other types of law. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also – I will be typing my answer for you so I’ll be back in a few minutes.

Customer: replied 11 months ago.
I live in Florida my son is in the middle of a divorce and we are making the trip to Pennsylvania is soon to be ex-wife said it's fine that we take the kids up there it's to his brothers wedding, but she refuses to write me a note arise letter saying it's OK, my son claims he has a text on his phone saying it's OK. Can I get in trouble for taking these kids across the state line
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Florida and we're going to Pennsylvania
JA: Has anything been filed or reported?
Customer: No we haven't even left yet I want to know the laws before I leave
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not really I just want to make sure that I can't get in trouble, the wife keeps saying it's fine just do it she even bought them some winter clothes
Customer: replied 11 months ago.
Are you there?
Expert:  FamilyAttorney replied 11 months ago.

I would be wary about taking the kids out of state. You don't have anything in writing from her. She could call the police and say you're kidnapping the kids. This will result in your son having difficulty with custody and visitation.

It's not worth it. It's more important to get something from her in writing. I would ask your son to try to get it from her, otherwise it's too risky. You could be prevented from seeing the kids again and you could be stopped by the police. Never underestimate what parents will do during a divorce. You don't know how she will behave now. She could decide to let you go and then have a change of heart and call the police.

Is there any way you can get your son to get you written permission ? The text is not sufficient.

Expert:  FamilyAttorney replied 11 months ago.

Did you receive the above? I started answering your question.

Customer: replied 11 months ago.
Son is being stubborn saying everything's OK I worry too much
Expert:  FamilyAttorney replied 11 months ago.

I don't recommend it at all. You have nothing to show police. What if you are stopped by police and they're looking for your car? What do you have to show them? Nothing. She could decide to be vindictive and call it in to the police. This will hurt your son's case too. He's not thinking about that. It's not wise without her written permission.

Is she the custodial parent at this time?

Expert:  FamilyAttorney replied 11 months ago.

I'm right here. I'm here to help you. That's my only goal right now.

Customer: replied 11 months ago.
The divorce isn't final yet so nobody is exclusively
Customer: replied 11 months ago.
My son is very upset with me for pushing the issue, but she has done sneaky stuff in the past but he is very naïve
Expert:  FamilyAttorney replied 11 months ago.

Okay thank you. So they have some form of joint custody right now or are they living primarily with her?

Customer: replied 11 months ago.
They don't have any custody agreement yet in writing, they did the mediation with the divorce and he has visitation but the divorce is not final so he is under the impression because the divorce paperwork is not final that everything's fine he has all his rights, and like I said she went and bought winter jackets and everything for the trip , Does the letter have to be notarized
Expert:  FamilyAttorney replied 11 months ago.

You are RIGHT to question this. If you don't have anything in writing from her, he could lose custody of them by giving you the kids. You could lose any visitation rights you may have in the future. He could be in trouble for allowing this. You could be picked up for kidnapping the kids.

It's not worth it.

I have been doing this for 36 years. Err on the side of caution during a divorce case. Everything will be used against him. I don't want to see this happen here. Not worth it. And she knows what she's doing by not giving it in writing!

Customer: replied 11 months ago.
He is going to be with us
Expert:  FamilyAttorney replied 11 months ago.

Buying winter jackets for the trip is not evidence of permission to go. That can't be shown to a police officer who stops your car. It's not worth it.

Your son? Okay, but still, where is her permission to take the kids? You don't have anything to show that.

Expert:  FamilyAttorney replied 11 months ago.

Your son could be walking into the biggest trap of his life. You never know what people will do. It's not worth it. Why isn't she giving something in writing? You can have him prepare it for her and take her to a notary to sign it. It's way too risky and I think she knows what she's doing.

Customer: replied 11 months ago.
Son is furious with me right now he says he won't talk to me about it anymore and then I'm being stupid
Expert:  FamilyAttorney replied 11 months ago.

Do you know what else she can do?

She can file a motion claiming that he took the kids out of state and that she wants him to have no visitation except supervised visitation. The right judge may grant that!

Have him talk to me! I totally disagree with him. He is not thinking ahead.

Customer: replied 11 months ago.
Scott
This is his phone number if you can give him a call
Expert:  FamilyAttorney replied 11 months ago.

It's a simple statement, her name, and she hereby gives permission for ____(your son, you) to take them out of state to PA.

Expert:  FamilyAttorney replied 11 months ago.

I can't make a phone call except through here. I'm sorry.

Expert:  FamilyAttorney replied 11 months ago.

The call has to be through Just Answer which is an extra service.

Customer: replied 11 months ago.
Well you just wrote to have him talk to you
Customer: replied 11 months ago.
How much is all this costing me right now
Expert:  FamilyAttorney replied 11 months ago.

Yes, I understand but we have to make phone calls through here. He can post a question here and I can answer here in addition to your question.

Expert:  FamilyAttorney replied 11 months ago.

I don't know -- the lawyers don't get involved in the pricing.

Expert:  FamilyAttorney replied 11 months ago.

We're also not allowed to discuss the prices either.

Customer: replied 11 months ago.
OK thank you for your time
Expert:  Phillips Esq. replied 11 months ago.

Hello: This isCustomer I will be further assisting you with your post.

If your son has a text from her soon to be ex indicating that it is OK to travel with the kids and your son is travelling with you and can easily show the Police the subject text if the Police stop him and ask for the information, then you should travel out of state with the kids. The fact that she has bought winter coats for the trip is relevant. It means that she knows that the kids are travelling and has no objection to it.

Also and more importantly, your son is not relocating out of state with the kids. He is taking the kids to a relative's wedding and coming back afterwards. So, I will go with the kids under the circumstances.

Safe trip,

Customer: replied 11 months ago.
This is completely opposite the advice the first lawyer gave me
Expert:  Phillips Esq. replied 11 months ago.

Attorneys disagree all the time on the issues for various reasons. That's why we have Courts to settle disputes and appeals Courts if the Attorneys disagree with the Judge's decision.

The previous Attorney gave you his/her reasons for his answer. I gave you my reasons for my answer. The decision is ultimately up to you which one you would act on. However, I stand by my previous response based on the information that you have provided.