Summer Visitation ?

[tryindad]

I am new here and I originally posted this for Soc, but am hoping you all might be able ot lend some advice/information also.

Regarding visitation. My ex wife, my son & myself all reside in the same county in CA. My ex wife has sole legal and physical custody of our son. Our court orders for visitation state that I am entitled to: "one weekend per month from 6pm Fri to 6pm Sun, one major holiday per year and one week during childs summer vacation time 'as agreed to by both parties'."  I would like to take my son out of state on vacation this summer, but my ex tells me she will not allow me to take him out of state and if I do, it will be considered kidnapping.  Is this true?  What if I take him anyway?  He's my son to.

[Kimberly9]

Is there anything in your divorce decree stating if you can take your son out of state. . .or if he needs to reside in the county?

I don't know California law. . .others can give you better advice.  But I think your ex is blowing smoke.  I think as long as you take him during the "agreed upon time" and he is returned when agreed upon you are ok.

[mango]

It is not kidnapping. You have a right to vacations with your child, to build memories, and have special times to cherish. Unless you have done something to put you at a "flight risk" or it is started specifically that you can not travel with your child. I would say go on your trip, enjoy it, and not to worry. I wouldn't even mention it to your ex. He would have to file contempt, and pursue something that has no relevance at all.

[MixedBag]

I agree with both these folks...

Unless there is something either in the state's codes (laws) or your personal divorce decree, you are free to do as you please.