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Can a child be taken out of state without consent from non-custodial parent?

Q: I just received a message from my child stating that he was out of state. I had no prior knowledge about this trip, nor was I aware that my child would be missing 2 days of school, especially considering that they were off this past Monday and Tuesday and will be off again this coming Monday and Wednesday – and had academic troubles recently, resulting in being held behind.

Is this against our custody order, which states that all medical and educational decisions would jointly be made, to be taken out of state and/or being out of school without prior discussion?

A: David’s Answer: If your custody order is that specific, one can surmise this is a violation. That said, it may suffice to send a default notice letter warning against future violations, rather than immediately going into court. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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