Legal Question in Family Law in New York

Re: Can sole custody change after divorce is signed

The issue of whether the father can take the son out of state for a vacation is NOT decided by reference to the terms "sole" or "joint" custody.

Unless there is other language in an order or agreement that deals specifically with permissible modes of visitation, it may be the case that the father has the right to take the child out of state for vacation.

Put otherwise - it may be the case that you will need to petition the court to seek an order that specifically prohibits any such trip as a mode or aspect of the father's visitation rights.

But, again, the court's consideration of that issue will not necessarily be governed by the presence or absence of the terms "sole" or "joint" custody; so you should be prepared to plead, in your petition, a sound basis {good reasons} why the father should be prohibited from taking the child on such a trip.

Regards, etc.,

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

Re: Can sole custody change after divorce is signed

The divorce judgment is not the end of the matter. Your ex can take you back to court and try to get custody. This does not mean it will be successful.

He can also sue to enforce visitation. You did not state what the visitation provisions were.

Why don't you want the child taken out of state? Wy does he want to take the child out of state? Think about both of these question.