Legal Question in Family Law in New York
My wife has sole custody of our daughter. She wants to take our daughter on vacation to Florida for 8 days in December, including Christmas. I have specific visitation in our agreement on Christmas and several other days during that period. She says I have no right to stop our daughter from going. Is this true?
1 Answer from Attorneys
Q. She says I have no right to stop our daughter from going. Is this true?
A. I would need to read the agreement in full. However, based on the facts presented in the question, the answer is no, you have the right to enforce the agreement.
HOWEVER, how are you going to look in the eyes of your daughter by stopping her from going to Florida on vacation, especially if this is a one time thing? I would suggest working this issue out with your ex by swapping vacations. Make sure this is in writing.
Mike.
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