SPARC Forums

Hey there, new poster, long time browser.

Quick question:

I am NCP.  In my parenting plan, it states "weekend visitation when in vicinity of child's residence with 48 hour prior notice"

Parenting plan was drawn up in tennessee, and both BF and myself have moved across the country several times due to the fact he was in the marines.

We now live 27 miles apart, each in an adjoining county.  I am in Arkansas, he's  in Missouri.  Even though "vicinity" is not spelled out in distance, can BF refuse visitation to me due to the fact that i'm crossing state lines with kiddo?

Any thoughts?

Thanks! :)

Take an interest in your future.  You'll be spending a great deal of time there.

Does it state in your court order that you cannot take him out of the home state??

My court orders states my ex is not allowed to take our child out of the state without written consent of the mother.


**These are my opinions, they are not legal advice**

Nope, sure doesn't.  Nowhere in there says i can't take kiddo out of state.

Take an interest in your future.  You'll be spending a great deal of time there.

I've seen cities bigger than that. He could balk, but it is likely that he would not win in court over a state line since the distance is so small. Especially if return is historically done in a timely manner and without conflict.

In general,if it isn't spelled out otherwise, you can cross state lines, especially given the short distance.  Our case is IL and grandparents had visitation rights in place of DH because he was overseas for 2 years.  Ex tried the same thing and would go to court.  Judge finally got tired of it and told her straight to her face that the GP's can go ANYWHERE in the WORLD as long as the child was back at the correct time.  That is the last time the ex tried that.