Rochester, NY asked in Child Custody for New York

Q: what can i do if my ex is denying me my requested vacation time with my children according to our custody agreement?

i want to respond to my ex & tell him i don't think he can deny me the vacation time I requested w/out having some prev scheduled conflict per our custody agreement but he thinks he has the right to tell me no. who can help me interpret custody agreement? i hope to get answer soon as the vacation time requested is before yr ends & I don't want to go to court to file a violation after the fact. Trying to prevent this.

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1 Lawyer Answer
Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Buffalo, NY
  • Licensed in New York

A: He cannot deny you if its in the agreement. however Christmas schedules spelled out in the agreement may trump the vacation access. A lawyer would have to read the exact language of the custody access agreement to give an absolute answer. That being said if you have primary custody and there is no conflict you can go irrespective of his denial. Moreover the failure to agree could be grounds to modify a joint custodial arrangement . Your best bet is to consult a family lawyer

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