Legal Question in Family Law in New York

I have a joint custody agreement with my son's father in which he gets the child 2 days a week. Now I plan to take my child on vacation with me for 2 weeks this coming May. I informed his father about my plans and he told me I can't go anywhere without his consent and if I tried he will have me charged with kidnapping!! In our agreement there are no travel restrictions specified other than his having to inform me one month in advance as to his travel plans with the child (he was awarded one week vacation). Is he right? Can he keep me from traveling with my child?


Asked on 1/28/10, 5:42 pm

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

It's impossible to answer with any certainty without fully reviewing your custody agreement. However, if you do not have any vacation periods built in for yourself, you have a serious error in the drafting of the agreement, and will have to either negotiate for a change or go to court to seek a court-ordered change.

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Answered on 2/02/10, 5:52 pm


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