Vacations and Child Custody in New York
Planning vacations as a divorced parent may require navigating multiple schedules to finalize a date. It may take the spontaneity out of travel but can be essential for your trip to occur. Understanding what is expected from each parent during vacations is vital to maintain a healthy relationship with your former spouse and benefit your child.
Working with an experienced child custody attorney in New York to advocate for vacation time provides an excellent path to the compassionate but steadfast representation you need. The Law Office of Vivien I. Stark, P.C., has decades of experience working with families to establish the best outcome, allowing you to spend time with your child and enjoy a vacation.
Child Custody and Vacations
When a divorce occurs, the courts will generally establish visitation rights for the non-custodial parent to ensure that a child has adequate time with the non-custodial parent. This document can address holiday and vacation time, and parents can plan accordingly depending on their visitation schedule.
Modifications to custody orders rarely happen unless the change is in the child’s best interest. It is necessary to pursue appropriate time with your child when custody orders are created. Having someone to advocate for your visitation rights and parenting time is essential.
Vacationing In-State
Having established parameters in child custody orders may dictate where you can vacation. Vacationing in-state should pose no issues. It is recommended you consult an attorney or review court orders before traveling across state lines.
But what happens if you or your spouse wants to vacation internationally with your child? There are considerations to make in these events.
Vacationing Abroad
Like a parent, a child must possess a passport for international travel. If the child is under sixteen, they must appear in person to obtain the passport, and both parents must also approve. A birth certificate or adoption papers must be supplied as proof that the adults requesting the passport for the child are the parents.
If a parent denies the travel request, the parent wishing to travel can work with an attorney to obtain a court order to gain permission if the denial is arbitrary. A few exceptions may cause the courts to deny the travel request.
One exception is the traveling parent poses a flight risk. This denial may happen in contentious divorces when one parent’s country of origin is also the travel destination. Also, in similar cases, the court may require the passport to be secured and approved for use if a child already possesses this identification.
Preventing Vacation Interruptions in Divorce
A travel agreement clause is a great way to preempt any pushback and place reasonable guidelines so that planning a vacation will cause less stress. Make plans in advance so that each parent understands the expectations and desires of the other. Working together to produce vacation opportunities is about fostering the child’s relationship with the parent and not about punishing an ex-spouse.
Plan Now for Vacations and Child Custody in New York
If you have children and are considering divorce, start now to pave the way for more success in establishing a parenting routine that benefits your child’s relationship with each parent. Over 30 years of family law experience guarantees that you will work with an attorney who can navigate any difficulty in child custody orders. Your child’s best interest and visitation rights are properly addressed when you enlist professional guidance from the Law Office of Vivien I. Stark, P.C.