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I have sole legal and physical custody of my daughter i plan on taking a trip to florida soon do i need the father's permission?

New York, NY |

He has visitation rights but thats it no custody rights. I have sole legal and phycial custody. he keeps saying i need his permission which i think i don't. We live in NY, my child is 16 months.

Attorney Answers 6

Posted

If the trip conflicts with his visitation then you will need his permission. If that's the case, I strongly suggest working with him to adjust the schedule and make sure he gets his parenting time in another way.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

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Asker

Posted

The trip does not conflict with his visitation time. I made sure i choose the time not conflicting his. He is just saying that when i get to airport since he is the father that he will need to give me written permission or a note in order for me to fly with her which i think is not valid because i have sole legal and physical custody of my child.

Matthew Thomas Majeski

Matthew Thomas Majeski

Posted

You can as a courtesy let the father know where you're taking your child (or the order may say you need to) but otherwise the father should have no veto power to decide you can't take your child where you want when it doesn't conflict with his time.

Asker

Posted

Thank you so much !!!!! As courtesy and as a parent that i know if he was to travel with her i will like to have the full information of my child's whereabout's., i have given him trip dates and details and will also plan on sending him pictures and phone calls with his child. He is just of course being somewhat of thinking he has this control or power and i know my rights and i just needed to confirm that in this one i was right. Thank you again so much !

Posted

Yes, you may have an issue, but you will be fine if you bring a full copy of your Judgment of Divorce (if you were married) or Custody Order (if you were not married) to the airport for explanation. The trip cannot conflict with Father's visitation unless he is okay with rescheduling the visitation date(s).

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Asker

Posted

Yes i have a copy which i carry with me at all times of the custody order. Thank you very much. The trip does not affect any of this visitation days.

Posted

Yes, if the trip would interfere with his visitation time. If you do have an order & wish for the Court to give you permission to take the trip, file a modification petition. If you don't have an order, file a petition for custody. For a full assessment, schedule a consultation with a NYC Child Custody lawyer.

* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

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Posted

Only issue is how and whether your vacay interferes with his access. If so, offer make-up time.

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Posted

No, you don't need the father's "permission" to travel with your child. You do need the father's permission or a court order to take any action that interferes with the father's visitation time. As a courtesy, give the father your contact info so he can reach you in case of emergency and as much other info about your travel as he requests within reason; however, if you think he is going to harass you or otherwise interfere with your travel plans, you are not required to give him specific info about your flights, etc. A good guideline is to simply consider what info you would want/need if he were the one doing the traveling because one day he may be... Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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Ralph Duthely

Ralph Duthely

Posted

It is wise advice that you should consider how you would feel if it the shoe were on the other foot. You should be considerate of the other parent's feelings/concerns because one day you may be in the opposite position.

Posted

When in doubt go to court to modify the current order of visitation.

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 www.mynewyorkcitylawyer.com.

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