Legal Question in Family Law in New York

Can I obtain a passport for my three year old when I have sole physical custody but joint legal custody. My ex is on probabtion and I left as soon as my daughter was born. I am remarried and we would like to go on a family trip. My husband has raised her since infancy. I also have a protetive order and wish not to have to see him. I also want to know if I can change where a visitation takes place since we ont live close by. He seems to frequently cancel his visitaion and ends it short when he does show up. My daughter hates going and gets upset when she knows she has to go. I have been following the rules even though he is bad and I don't understand why he has joint legal custody. can i modify the order to take away one of his visitations since he doesnt show up.


Asked on 4/14/10, 11:35 am

1 Answer from Attorneys
Rory Alarcon Rory Alarcon, Esq.

An amendment to your visitation schedule is possible upon a showing that there has beern a significant change in circumstances since the schedule was ordered / stipulated to.

You may obtain a passport with your ex-husband's permission, provided that there is no risk of flight involved. If he refuses to do so, then there are options, but a more thorough examination of all of your circumstances is necessary.

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Answered on 4/19/10, 1:38 pm


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