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Can I take my son on vacation?

Highland, NY |

I have temporary sole physical and legal custody. My ex gets 1 (3) hour supervised visit per week. Before this order I had primary physical and we shared legal custody. I sent her a email notifying her that I was going on a family vacation in July and it would NOT interfere with her visitations. I let her know where we were going, when and gave her the contact information. She is insisting I cannot go on vacation until the court stuff is done(may be months from now). No where in any of the paperwork does it say I cannot go on vacation nor take my son out of the state. It only says his residence can't be moved without court order. I'm only going away for three days.

Attorney Answers 4


File a petition in court to request the summer vacation and to modify the current order.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

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If the court order does not restrict your ability to travel and it does not interfere with the NCP's visitation, then you are free to travel. You've done the right thing by providing her with information about the trip.

My only caveat is, if you already have an attorney, you should consult with that attorney and get his/her advice.

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I agree that there is nothing in the order restricting you from going away. That said, if you have an attorney, check with your attorney. If you do not, you might want to get an attorney. You gave her the information, so you've done the right thing. If you have any concerns whatsoever, you may want to go back to court to amend the order to allow for vacations and the ability to take the child out-of-state. You're not wrong, from what you're saying, by going away without a court order, but you may be asking for trouble because your ex is already letting you know that she's going to make a stink about it. Check with your attorney and if not, you may want to get a family lawyer. Best of luck to you.

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Since you have legal and residential custody and Mom's rights will not be affected, enjoy your vacation especially since you gave her the details. No need to bother with going to Court. Enjoy!

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