New York Divorce Attorney Discusses Taking Your Child Abroad
Question:
My husband and I are separated, but not divorced. Under these circumstances, my husband lives outside the home and my 14 year old son lives at home with me. Does my husband have a legal right to stop my son from taking a summer vacation with me abroad? In other words, even though we are not divorced and custody has not been appointed to one parent or another, can he stop my son from leaving the country for vacation purposes?
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Answer:
Yes, your husband can withhold his consent for travel abroad. Obtaining a passport also requires the consent of both parents, and your husband may withhold his consent for you to obtain a passport for your son as well. You may apply to the Family Court in the county where you reside for an Order of Custody so that you may travel and obtain a passport. In many situations, a court will grant temporary custody to grant reasonable travel to safe areas, and to enable the travelling parent to obtain a passport for the child when necessary, but the court may deny such requests for travel in cases where there have been direct threats to take the child abroad and not return him, or where there is credible and reasonable fear of such actions.
I strongly suggest that you consult with a local New York Divorce Attorney Attorney to assist you in your custody and matrimonial matters. If you and your husband are amicable, it may benefit you to create with your attorneys a comprehensive Separation Agreement which addresses both financial and custodial matters.
Are you having problems getting the other parent to let you take your child on vacation? Contact experienced New York Divorce Attorney Jennifer Sunderlin Morton.
This legal question was provided by a Avvo and answered by Jennifer Sunderlin Morton an experienced New York Divorce Lawyer. This does not consent an attorney client relationship.