Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

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: 26 days ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 10 minutes by:
5/28/2018
Lawyer: Sean K, Lawyer replied 26 days ago
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 782
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?

Ask Your Own Legal Question
Customer reply replied 26 days ago
Joint custody
Lawyer: Sean K, Lawyer replied 26 days ago

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

Ask Your Own Legal Question
Customer reply replied 26 days ago
He gets him every other weekend only
Customer reply replied 26 days ago
Hello
Lawyer: Sean K, Lawyer replied 26 days ago

So the simple answer is yes.

Ask Your Own Legal Question
Customer reply replied 26 days ago
Without his written consent I can’t take him with me, what can I do
Lawyer: Sean K, Lawyer replied 26 days 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.

Ask Your Own Legal Question
Lawyer: Sean K, Lawyer replied 26 days 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.

Ask Your Own Legal Question
Lawyer: Sean K, Lawyer replied 26 days ago

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

Ask Your Own Legal Question
Customer reply replied 24 days 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 24 days ago
He only gets every weekend, no extended time in the summer
Customer reply replied 24 days ago
Every other weekend, sorry
Customer reply replied 24 days 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 24 days ago
He never replied back to me,
Lawyer: Sean K, Lawyer replied 24 days 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.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Sean K Your Own Question
Sean K
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 782
782 Satisfied Customers
Experience: Attorney/Member in Private Law Firm

Sean K is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Will the state of Florida recognize a person conservatorship
Will the state of Florida recognize a person conservatorship from the state of Tennessee? My daughter will be attending college in Florida, but we live in Tennessee and the conservatorship is under Te… read more
Ray
Ray
Lawyer
Doctoral Degree
33,048 satisfied customers
I have been to court in regards to conservatorship over my
I have been to court in regards ***** ***** over my father. During hte case I informed the judge that my brothers & mother had my father sign a trust while he was being treated for dimentia. The Judge… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,279 satisfied customers
How can a conservatorship be removed from a persons record.
how can a conservatorship be removed from a persons record … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
Can you tell me the risks o getting a conservatorship over
can you tell me the risks o getting a conservatorship over someone … read more
LegalGems
LegalGems
Juris Doctorate
12,307 satisfied customers
I have a question regarding conservatorships and trust.
I have a question regarding conservatorships and trust … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,489 satisfied customers
If I just got awarded Conservatorship of our father only to
If I just got awarded Conservatorship of our father only to find out that all assests are in a trust which i am sucessor trustee . He finally signed and notorized statement turning duties over to me (… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,489 satisfied customers
We're try to apply for conservatorship but I felt we didn't
We're try to apply for conservatorship but I felt we didn't get help from my lawyer paying a lot of money and he saying that the judge sides the other family member that have interest for my uncle we … read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
If two parties are competing for conservatorship over an
If two parties are competing for conservatorship over an individual, do the courts assess these parties financial histories as part of the decision making process? … read more
LegalGems
LegalGems
Juris Doctorate
12,307 satisfied customers
Can I file a conservatorship on my husband (had a stroke),
Can I file a conservatorship on my husband (had a stroke), there are minor children, and planning to sell the house with the conservatorship. Does money have to be put aside for the children? He is no… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,279 satisfied customers
I need help to contest a Temporary Conservatorship I don't
I need help to contest a Temporary Conservatorship I don't need and also very poorly handled. I also want legal counsel for litigating against it. Thank you. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,064 satisfied customers
Is a conservatorship granted in one county (riverside county
is a conservatorship granted in one county (riverside county ca) valid while it is being transferred to another county (orange county ca)… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,225 satisfied customers
I have conservatorship of my 18 year old mentally disabled
I have conservatorship of my 18 year old mentally disabled son. My ex has refused to see him unless I sign a 50/50 agreement of visitation. I have refused so he called Adult Protection on me. Allegati… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,279 satisfied customers
I have joint but primary conservatorship, it states I have
I have joint but primary conservatorship, it states I have exclusive right, after consulting with other parent to determine education. My son is accepting into Pre-K and is now enrolled but his father… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
Do you need a lawyer to gain conservatorship? California,
Not yet except request for investigation of social security fraud … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,878 satisfied customers
How can I get conservatorship on a cousin who has a mental
How can I get conservatorship on a cousin who has a mental deftcit? … read more
Expert James
Expert James
Doctoral Degree
12,187 satisfied customers
I was searching for a Handel-approved conservatorship
I was searching for a Handel-approved conservatorship attorney … read more
Bill Attorney
Bill Attorney
law
2,454 satisfied customers
I have filed for Conservatorship for my elderly Mother in
I have filed for Conservatorship for my elderly Mother in order to have my Brother removed as Trustee of my Mother's Family Trust as he has been acting inappropriately. He has now filed a response wit… read more
Ray
Ray
Lawyer
Doctoral Degree
33,048 satisfied customers
This q is regarding an adult who is under a conservatorship
This q is regarding an adult who is under a conservatorship who has joint legal custody of minor children before the conservatorship but not physical custody, just visitation. Can the conservator act … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,657 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x