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It depends on what "rights" your husband has. If he has joint custody, then the mother probably needed court approval to take their son out of the state. If he doesn't have joint custody, but he does have visitation rights (such as weekends, holidays, vacations, etc.), then she probably can't legally keep him from seeing his son. You need to speak with an attorney, or someone with Legal Aid if you can't afford an attorney, and determine exactly what rights your husband has. Even if the mother can legally keep him from seeing his son (a most unusual situation), voluntarily relinquishing parental rights is tantamount to abandonment in many people's eyes and should be carefully considered before undertaking. Good luck. * If there is court order of visitation the mother must allow the father vistation rights or be cited for contempt of court. If there is not a court order the custodial parent (in this case the mother) can allow the father to visit when she chooses or deny the right if she has a valid reason for doing so. If the couple were not married, then the father only has those rights which have been granted him by the court.

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18y ago

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