Bringing the Kids Out of State for the Weekend

My question involves a child custody case from the State of: Louisiana

My ex wife has sole custody of our 2 children (4 and 8). My visitations are every other weekend and I travel with my job about 2 to 3 weeks a month. When I don't have my kids I mainly stay in Texas, approximately 4 hours away with my fiancée. My fiancée is trying to get a modification to move back to Louisiana in the near future. The decree does state that I have give her a 30 day notice to take the kids on vacation. According to the decree my residence is still in Louisiana, but i may file a modification if my fiancee cannot move back to Louisiana. Is bringing my kids to Texas for the weekend during my visitation considered a vacation?

No, it's not considered a vacation, however you most likely aren't allowed to remove the children from the state without court approval. I'd suggest going back to court to get your settlement agreement amended to allow you to bring the kids out of state during your visitation period. This could become complicated and you may want to seek the professional services of an attorney to help you.

Does your decree state how far you can take the kids from your place in Louisiana? Taking your children out of state would probably be considered a vacation. I think it would be safer to give your ex-wife a vacation notice or modify the decree before taking the kids out of state.

Your state of legal domicile / the state of your permanent address is what?

what you do on your time with the kids is within your rights. as long as you dont infringe on the other parents vistation schedule. i wouldnt call a weekend 4 hours away a vacation, i dont think a judge would either.

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Quoting Mr. Knowitall

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Your state of legal domicile / the state of your permanent address is what?

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Louisiana right now.

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Quoting passiondad

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what you do on your time with the kids is within your rights. as long as you dont infringe on the other parents vistation schedule. i wouldnt call a weekend 4 hours away a vacation, i dont think a judge would either.

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That's exactly what I'm thinking. She is claiming that I will be in contempt is I choose to do this. I'm just exhausted from fighting with her and she is not civil by no means. I contacted her a week before letting her know and that's when I received the threat.

Thanks

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Quoting Dago52

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Louisiana right now.



That's exactly what I'm thinking. She is claiming that I will be in contempt is I choose to do this. I'm just exhausted from fighting with her and she is not civil by no means. I contacted her a week before letting her know and that's when I received the threat.

Thanks

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NP allthough read your order carefully and understand it entirely.

If you are domiciled in Louisiana, taking the kids to a different state for a weekend sounds a lot like a holiday in another state. Whether you live next to the state line or four hours away from it, another state is another state. Clearly you wouldn't be raising this issue here if you didn't think your ex- might haul you to court if you start taking the kids out-of-state on your weekends, and what you've told us so far gives us no real ability to reassure you or tell you that a judge will agree that it's not a vacation.

Have your lawyer review the exact language of the order and advise you accordingly.

Ok, I a chance to speak with my attorney today on this matter. She mentioned that when the kids are in my possession during my visitation, it is not considered a vacation. She confirmed that I should not have any problems but expect my ex to try and take me back to court. Thanks for all the great input.