Q: During a pending divorce, do I need a judge's permission to travel out of state with a 3 yo child? There is no custody/visitation order at this time. Also, my wife, who filed for divorce and asked for full custody unlike me, has not allowed me to travel to FL with our 3 yo daughter to visit grandparents for the past year. Thank you.
A: David's Answer: You should notify the other parent in writing of your planned trip, provide the itinerary (or proposed itinerary), where you'll be staying & a phone number where she can reach the child during the trip. if she objects, then it's best to file a motion on the issue. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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