Wednesday, May 22, 2013

I have a 15 year old who lives with me and visits with his dad. He just received a prestigious job in NYC for the summer .

Q: We all live in manhattan and the father will not consent to allowing him to work. In our custody agreement we split the summer 50 percent. My ex feels it will intrude on his time with his son while my ex works full time and leaves him alone in his apt while he works for the summer. My son really wants this 6 week job and we emailed my ex and he won't consent. It is a camp counselor job. What can I do? My son wants this for work experience and his transcript. Can I take this to court? What would a judge say? Are there any laws in ny governing this?

A: David's Answer: There are no specific laws one way or the other on the issue, as custody/visitation law in New York is largely governed by case law interpretation (not by statute). That said, if the father's not consenting, I advise to file a petition right away with the Court as the issue may take a few months to work itself out in the Court & thus you'd want a determination before he would need to begin the job. I'd also highly advise to schedule a follow-up consultation with a NYC Child Custody/Visitation lawyer. -- David Bliven, Bronx Child Custody/Visitation attorney (

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