Start Your Divorce Today - Premium Divorce Online

Topic Options
#772010 - 06/14/16 10:33 PM Visitation travel questions.
River17 Offline

recently joined

Registered: 06/14/16
Posts: 2
Loc: Ohio
I have sole residential and legal custody of my four children with my ex getting visitation over the summer and christmas. We live in Ohio while there father lives in Kansas. He gets half of Summer vacation and half of Christmas vacation for visitation. On the 1st of July they will be going to his house for his summer visitation. He wants to take the kids to visit his grandparents in Arkansas. I'm totally ok with this, but I do have a couple of questions though.

1) Do I have to give him some sort of notarized written permission to travel with them?

2) Do I have to give him permission to seek medical care for them since I have full custody?

Thanks for any answers!

Top
#772011 - 06/15/16 03:58 AM Re: Visitation travel questions. [Re: River17]
MinnesotaMom Online   content

old hand

Registered: 01/05/11
Posts: 787
It's unusual to to have sole legal custody. This usually only happens when there has been severe abuse or neglect, the parent is a danger to the child, and they never get to see or the child.

Also, you don't have sole physical custody if he has any court ordered parenting time. Instead, you would be known as the primary parent.

1) Nothing is needed for travel.
2) If you truly have sole legal custody, then he cannot make any medical decisions. A medical provider would have to contact you in that case for medical care.

Top
#772012 - 06/16/16 03:31 PM Re: Visitation travel questions. [Re: MinnesotaMom]
Sherron Offline
Carpal \'Tunnel

Registered: 11/25/06
Posts: 20729
"It's unusual to to have sole legal custody. This usually only happens when there has been severe abuse or neglect, the parent is a danger to the child, and they never get to see or the child.

Also, you don't have sole physical custody if he has any court ordered parenting time. Instead, you would be known as the primary parent."

I guess state laws vary from state to state. I have sole legal custody and the father has parenting time. He "gets to" see the child as much as he wants to actually.

Also, my court order states I have sole physical custody, just before it spells out the father's parenting time.

To the OP - I've never given my ex official permission to seek medical care. I have always sent a copy of the insurance card with for longer stays. But if dad was to seek medical treatment, it would only be an issue if you made it one; any medical provider he would seek out does not know the court order granting you sole legal even exists, unless you or dad tell them. If you are nervous about it anyway, I would call a clinic in the area he is looking to stay at and ask them what documentation they would need, and then get him that. In reality, a piece of paper officially granting him permission protects him more than you - if you are okay with this, you have already given him permission; the piece of paper would be proof for him if you were to change your mind later. Also, I am fairly sure no ER will decline treating your kids in an emergency, regardless of who brings them in.

I have also never given my ex any document showing I consented to the trip. Will they be driving or flying? If they are flying, I believe the would still only need documentation for international travel, but you can always check with the airline to see if they have any requirements.

If you do end up giving him written consent, be sure to have it notarized.

Top
#772013 - 06/26/16 04:51 PM Re: Visitation travel questions. [Re: Sherron]
River17 Offline

recently joined

Registered: 06/14/16
Posts: 2
Loc: Ohio
Thanks for the input guys. While I realize it is not the norm, I was given legal and residential custody due to distance and nothing else. Thus why he still gets visitation. My children and I live in ohio where as their father lives in kansas.

Top
#772014 - 06/28/16 04:13 PM Re: Visitation travel questions. [Re: River17]
gr8Dad Offline
Carpal \'Tunnel

Registered: 06/07/04
Posts: 31796
Just a pet peeve of mine...it's not "visitation" it's PARENTING TIME...you don't "visit" your kids...plus if you use that term, you sound GREAT to a judge.
_________________________
Why give a "senior" discount, they have had plenty of time to raise the money...

Top
#772015 - 06/28/16 06:41 PM Re: Visitation travel questions. [Re: gr8Dad]
mskelly Offline

journeyman

Registered: 05/02/16
Posts: 57
gr8Dad
I guess it depends on where you live, because I have lived in 3 states and in all 3 its called "visitation". I had not ever heard the term "Parenting time" until I came to this forum. I realize that opinions are like rear ends... everybody has one.... however in my opinion the term parenting is relevant because many people can produce a child but that doesn't make them a parent....not everyone deserves to be called a parent because believe it or not, there are mothers and fathers out there that do not have parenting skills, the ability or even desire to be parents. I know many mothers and fathers that have been given ample opportunity to be parents, but they just don't have it in them. So that being said.... "Visitation" is a fitting term in some cases and "parenting time" is a fitting term in some cases. Perhaps "visitation" is an antiquated term, but if the shoe fits.....

Top
#772016 - 06/28/16 09:49 PM Re: Visitation travel questions. [Re: mskelly]
MinnesotaMom Online   content

old hand

Registered: 01/05/11
Posts: 787
My only question, not related to legalities, is did you move away to create the distance, or him?

Top

Moderator:  dsAdmin 


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: