Legal Question in Family Law in New York
In NYS, can a parent take a child out of state without the others permission?
Asked on 4/26/11, 9:06 am
1 Answer from Attorneys
Paula McGill
Attorney at Law
If the parents are married, both parents have equal rights to the child. So, one parent can take the child out of state for vacation.
If the parents aren't married, you have to look at the custody order to determine limitations. If the order is silent on the matter, out of state vacations within the US are not generally prohibited. If the parent plans to take the child out of the country, you can object, and possibly prevent this vacation. However, the court will decide if the child can leave the country.
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Answered on 4/27/11, 9:35 am
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