Legal Question in Family Law in New York
Travel outside of the State
My daughter has a chance to travel with a close family friend to Az this summer. My husband and I are not divorced yet, we share joint custody even though he has not seen the kids in 3 years. Do I need his permission for her to travel to another state for a week?
2 Answers from Attorneys
Re: Travel outside of the State
If the travel is during a time period where the father is expecting to see his daughter then he must be notified, if not during such a time, it would be courteous to notify him but probably not essential.
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Re: Travel outside of the State
Look at your "custody" stipulation, agreement OR court order. If the proposed travel and vacation is not specifically restricted, then you should consider the "spirit" of your understanding and agreement with the father. Also, Consider whether the father might want the child to visit with him this summer and how or whether the proposed trip to AZ can in someway be incorporated into a your discussion? with the father. However, generally penalty does attach, without a specific stated obligation to advise or inform, existing in advance.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
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