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 (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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