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?

Asked about 1 year ago - 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)

  1. Mary Katherine Brown

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    Answered . 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@... more
  2. Deborah G. Fiss

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

  3. Matthew Thomas Majeski

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    Answered . 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... more
  4. Edwin Drantivy

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    Answered . 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).

  5. David Ivan Bliven

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    Answered . 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.
  6. Jayson Lutzky

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    Answered . 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... more

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