The Spouse Who Gains Temporary Custody Is Not Allowed To Deny The Other Spouse Parental Access


During a divorce, it is your right and that of your ex to have access to your children.  Even if one parent has temporary custody, that parent cannot hide the children from the other parent or take the children outside of the court’s jurisdiction.

There are currently no states that allow for a parent to take the children out of their state of residence, but some states allow the parent with temporary custody to move up to 150 miles away from the other parent.  After becoming the custodial parent permanently, that parent still needs to get approved by the court if they wish to move out of state with the children.

If a custodial parent leaves the state with his or her children without the court’s approval and against the wishes of the other parent, the custodial parent can be charged with contempt.  Being charged with contempt can result in a fine and potential time spent in jail.  If both parents agree to a move out of state by one parent with their children, both parties must sign what is called a stipulation and consent agreement.  A judge must then approve of the agreement before it can become a court order.

It’s also important to keep in mind the detrimental impact withholding your children from a parent can have on them.  If you feel that the other parent is a potential threat or danger to your children, there are different ways to approach ensuring their safety through the court system.  It’s not wise to take the law into your own hands by hiding your children because it will cast a negative light on you, not your ex.


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