Parenting Time - Are there restrictions on where a child may be taken during parenting time?

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Question

My four year old daughter has recently been reunited with her father after almost six months.  Parenting time has been established and my daughters father is now taking her every other weekend as ordered.  How far is he able to travel with my daughter without getting written consent through the courts?  My daughters grandmother lives in Ohio and her father and I live in Michigan.  My daughter said that her dad took her a long way to see her grandma and I was not aware of the situation.  He does not allow me to talk or communicate with my daughter when he is with her, nor does he inform me of where he is taking my daughter.  I fear for my daughter when she is with him regardless of his scheduled parenting time, but I am even more fearful when he takes her out of the state without my knowledge.

Is there anything I can do to prevent this from happening again?  Or any way that my daughter's father needs to get written approval before taking her out of the state? Do I have the right to file a motion to have accurate parenting time and locations for my daughter so I know where she is going to be when her father has her?

Answer

There is generally not a restriction on where a parent can take a child when exercising parenting time, unless a specific order places such a restriction.  There is a legal restriction regarding changing the domicile and/or residence of the child, but travel to see a grandparent as you have described is not normally restricted.  If you have legitimate concerns regarding the safety of your child, you can file a motion with the court to restrict parenting time and the court will consider your concerns.  You can file a motion using an attorney or with forms and instructions that are available through the friend of the court office in your jurisdiction.

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Last Updated:  5-13-09

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to: pharter@calhouncountymi.gov