Legal Question in Family Law in New York

I have a passport for my 11 year old son. I have had it since the Spring of 2010. My ex-wife has physical custody of our son but we share joint custody as per the divorce decree. She says she is entitled to have the passport and is withholding visitation until I give it to her. Is she correct in saying she is entitled to keep the passport? Thank you.


Asked on 4/15/11, 4:25 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

File a petition in family court for violation of a court order (if you have a court order of visitation) or violation of your stipulation of settlement (violation of an agreement from another court) in family court. The passport is not a reason to withhold visitation. You should be able to get it enforced. As for the passport, you will need a valid reason for withholding it or demonstrate that there is a valid need for you to hold it.

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Answered on 4/15/11, 9:23 pm


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