Legal Question in Family Law in New York
joint custody
if the mother and father have joint custody with placement with the mom, can she take the child out of the county without the father's permission or permission of the court?
1 Answer from Attorneys
Re: joint custody
When you say "take the child out of the County," do you mean on vacation for forever? More information is needed to properly answer the question. However, generally, a person may take a child on vacation, as long as the vacation does not infringe on the non-custodial parent's right of visitation.
A person may move out from the County, however, the move may not substantially infringe on the non-custodial parent's right and the best interests of the child. For example, a move from Kings County to Queens County probably will have little effect. However, a move from Kings County to Erie County may be improper.
Mike.
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