Legal Question in Family Law in Maryland

How to transport non-family (legally) kids across state lines?

New CYA advise!

My wife's youngest brother is getting married again. He wants his two kids from his first marriage to attend (6 & 4). They live with their mother in Virginia, I live in Maryland and my brother-in-law lives in Ohio.

What forms do I need the mother (who has remarried) to give that will allow me to transport these kids across state lines and get them medical help if necessary? It is a 500 mile drive that crosses WVA and PA.

Does the mother have to go back to the court that issued her custody (OH)?

Thanks


Asked on 8/07/01, 9:01 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: How to transport non-family (legally) kids across state lines?

You didn't state whether your brother-in-law and his ex have a written separation agreement that spelled out his visitation rights. Even if there isn't such an agreement, his rights should have been put into a well-drafted divorce decree.

If the mother consents to the procedure you outlined, have her sign a letter authorizing you to take the children to the wedding and giving you the authority to supervise them during the trip. If she's not willing to cooperate, your brother-in-law will have to file a court petition in Ohio seeking permission for the visitation and to allow you to pick the children up, etc. If granted, you can use the court order that would be issued in case someone questions your authority on the trip.

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Answered on 8/08/01, 11:57 am


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