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I want to take my son to Europe for 31 days to visit family…

Customer Question
I want to take...

I want to take my son to Europe for 31 days to visit family but the father is refuses to let me take my Son. Can I get a court order for 31 days without the fathers written consent?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: What steps have you taken so far?

None, I even told the father that his dad can come with us but he still refuses

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I guess not

Submitted: 2 months ago.Category: Legal
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Answered in 10 minutes by:
5/28/2018
Lawyer: Sean K, Lawyer replied 2 months ago
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 968
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Is there a conservatorship plan in place with you and your son's father?

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Customer reply replied 2 months ago
Joint custody
Lawyer: Sean K, Lawyer replied 2 months ago

And what is the time sharing arrangement between the two of you?

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Customer reply replied 2 months ago
He gets him every other weekend only
Customer reply replied 2 months ago
Hello
Lawyer: Sean K, Lawyer replied 2 months ago

So the simple answer is yes.

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Customer reply replied 2 months ago
Without his written consent I can’t take him with me, what can I do
Lawyer: Sean K, Lawyer replied 2 months ago

When I say the simple answer is "Yes" you can get the Court involved to allow the travel. The key to being successful is to present it in a fashion that is fair and gives the judge a reason to allow it even if the Father objects.

Let me ask this - during the summer does the every other weekend time continue or do either of you have extended time?

The reason I ask is the Court is used to to people refusing the other parent the permission to travel.

The first consideration for you is to plan the travel in a fashion where the impact on his time is minimized and then to propose make up time for him.

The idea is to set it out in a way that makes sense and, candidly, makes him look unreasonable.

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Lawyer: Sean K, Lawyer replied 2 months ago

The approach would be, generally as follows (Some you may have already done.)

-Ask the Father for permission in writing. When you do this provide specific dates, general travel plans, contact information. Make a clear statement that the trip is to visit family and to enrich your child's life experience.

-Offer to make up any missed visitation time, if scheduling allows even in advance.

-Make sure to keep all of the copies of any correspondence you send to him.

-If he continues to say no, the next step would be to file a petition with the Court to allow the travel. The petition should address that you want to travel, that it is to see family, that you have asked the father, offered make up time, that he has refused and that you need the Court to hear from you and then issue the proper order relative to such travel.

-This would be filed with the Court and a copy sent to the Father. (He would have to have an opportunity to address the Court.)

-The Court could consider the petition and hear from each of you if the Court required and then make a decision. Even if the Father objected and the Court decided it was best to allow the travel, if the Court orders it the Father will have to allow it.

That all having been said, it may be that when the Father sees you are seeking the Court's permission he may at that point agree. This happens frequently.

Bot***** *****ne is that if he will not agree to the travel, the Family Court can hear from you and order the travel be allowed. In cases like this, particularly when family is the basis for the travel, unless there is a clear reason that the travel is not in the best interest of a child, the Courts generally allow it.

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Lawyer: Sean K, Lawyer replied 2 months ago

I wanted to see if you had any additional questions or if there was any follow up.

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Customer reply replied 2 months ago
Do I need to hire a lawyer to see the judge or can I do it myself?
Also, how long does this process take
Customer reply replied 2 months ago
He only gets every weekend, no extended time in the summer
Customer reply replied 2 months ago
Every other weekend, sorry
Customer reply replied 2 months ago
This is what I sent I’m in text
You and your family see Brennan often.
My dad, family and my son Bobby who will be flying from Germany to Greece never get to see me or Brennan.
This is a big opportunity for me Brennan which will never come again if my dad passes.
This is my suggestion:I will give you permission to take Brennan for the whole month of June , 31 daysYou give me permission to take Brennan 31 days to Greece and your permission to baptize Brennan Orthodox ChristianI will provide you a written consent form with all the info you need for travel, address, phone etc. if we can get international calling on my phone for a month that would be great so you can talk to Brennan any time you want.all this needs to be in writing, signatures, date and Notorized.When we get back from Greece, you may have extra time on the weekends for an extra month if you like.I feel this is a fair deal for both of us.
Customer reply replied 2 months ago
He never replied back to me,
Lawyer: Sean K, Lawyer replied 2 months ago

You do not need an attorney to petition the Court but it is always a good idea to have an attorney as having one, while an expense can expedite the process and ensure it is done correctly.

The offer you extended to him is fair and equitable and a Family Court Judge would likely see it the same way.

Please let me know if you have any further questions or if there are more questions based on what I have provided.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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