Legal Question in Family Law in New York
Can a non-custodial parent take a child out of state?
My step-daughter is 7 years old and lives with my wife and myself. My wife has sole legal custody as well as sole physical custody. The father has established his paternity. Late last year we entered into an order in the family court, Kings County, NY, which established certain visitation. In short, the father now is entitled to weekend visitation, every other weekend, along with various (non-religious) holidays, as well as a full weeks visitation in the summer. He has just told my step-daughter that he wants to take her to Florida for the week next summer. Traveling out of state was not something contemplated in the visitation order. Is there law on this issue? Do we have to let her go? Any answer you may provide is greatly appreciated.
Brian
2 Answers from Attorneys
Re: Can a non-custodial parent take a child out of state?
Unless there is a reason why the father would be restricted, he will probably be permitted to take the child on a trip during his visitation.
Daniel Clement
Re: Can a non-custodial parent take a child out of state?
You have plenty of time to put this mattter before the court. That is a good thing.
The court will look to the probability he will return with the chid and whether his past character justifies this action. In general, if he has family there (in Florida) that he wants the child to know, then the court will likely permit the travel.
The fact that this problem has arisen after the court's order represents sloppy drafting. But that is all it indicates.
Find an attorney you trust and discuss the matter in depth with him. Depending on the facts establishing the father's character, it may or may not justify petitioning the court.
You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call (646) 591-5786 for an appointment first.
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