Tuesday, September 16, 2014

Should I file a motion to allow me travel with the child from NY to FL for a week to visit child's grandparents?

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)

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