Saturday, March 8, 2014

Does a father need the mothers permission to travel out of state during 2 week long summer visitation when mom has sole custody?

Q:  We made our own custody/visitation schedule in which a judge signed. It is numbered. #2 is during school and addresses whereabouts and restricts visitation to fathers residence. #3 is summer visitation and does not address whereabouts. It simply states 2 weeks with father. What are the laws in New York as to what the fathers obligations are in traveling during long visitations? If I disagree with the travel plans or distance of travel, can I deny visitation until we agree with a plan? Is he only required to notify me? Since I have sole custody, any deviation from the understanding of his visitation, would I petition with the courts? What are the laws ? Again, this was not an order dictated by a judge.
As much of an answer as I can receive would be appreciated. Thanks.

A:  David's Answer:  A definitive answer can only be given after a review of the order. That said, assuming your representation is accurate, I would say the father is not restricted during his summer travel. It would seem to me, however, that the 2 provisions are inconsistent & need to be clarified. Thus, you're best advised to file a modification petition. Schedule a consult with a NYC Child Custody lawyer for a full assessment.   -- David Bliven, Bronx Child Custody attorney (

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