Taking child out of state without notice


My ex husband and I have joint physical custody over our 8 yr old daughter and we currently have a 60/40 split with overnights (I have the 60%). For his week vacation, he decided to take our daughter to Florida, which is fine, I don’t mind, but he didn’t give me the courtesy of telling me…our daughter told me after they got down there.

Is he required to let me know when he takes our daughter out of state prior to the event or is it just a courtesy he should extend to me?


I think that this would depend on what your custody order or agreement states. Joint custody means whatever it states in the order or agreement to mean. For example: my husband and his ex share joint physical and legal custody with equal time. Some couples share joint physical custody while one parent does have the child the majority of the time.

If you have joint custody then it’s likely informing you of plans for any visitation time or event, such as going out of state, would be a courtesy and not required by law. I believe that it you had primary custody with a more equal time as you have now, 60/40 then your ex would be required to get your consent prior to taking the child from the state…


He should let you know if he is traveling with your daughter, however unless the order requires that you communicate regarding travel he is not obligated to do so.