Legal Question in Family Law in New York
Ex-wife sending children out of the country for longer than her alloted 30 days
Both my ex-wife and I are able to have our children for (30) days during the summer, as stated in the Divorce Agreement. It also clearly states that if one of us chooses not to use our (30) days, it does not waive our right to see the children at any time. I won't be able to use my (30) days this year so my ex-wife wants to send the children (ages 5 and 8) out of the country (ex-wife will remain the the states) to their grandparent's for longer than (30) days; two months to be exact. If the children are gone for more than their alloted (30) days, what can I do? She is the CP, I am the NCP.
2 Answers from Attorneys
Re: Ex-wife sending children out of the country for longer than her alloted 30 days
Before you object, think about whether spending 2 mos with their grandparents, who they obviously do not see, would be a good experience for them.
Perhaps, they could go for 45 days instead of 2 months.
If you truly object, you will have to take her to family court to stop them from going.
Re: Ex-wife sending children out of the country for longer than her alloted 30 days
The vacation time is meant to be so the parents can spend time with the children. If she just sends them away without going you can object to the entire trip.
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