Child Custody

questions & answers

Question: Can my husband take my daughter for xmas eve, xmas, news year eve, and new years day to another state before divorce and child custody is seattled? She will be one year old.

Answer: The answer to your question depends in part on who has temporary custody and whether there are any visitation orders in place.  When a petition for dissolution with children is filed, several things normally happen.  One of the parties will file a motion asking the Court to determine temporary custody of the child pending the conclusion of the divorce.  That petition can also request a holiday schedule be determined.  The Court prefers that the parties confer and come to agreement on temporary custody, but if that is not possible, the Court will decide.  Once a temporary custody order is entered, it is binding on the parties.  Your question did not specify how far along you are in the dissolution (divorce) process and whether your husband has formally asked the court to allow him to take your child out of state for the holidays.