Buffalo, NY asked in Family Law and Child Custody for New York

Q: I was wondering what the next step would be when my sons mother denies vacation time for my son and I?

My ex and I have a joint custody agreement in NY state. We are both given two non consecutive weeks vacation time we just have to inform the other 45 days prior. I let her know I wanted to take him to Disney World more than 45 days notice. I have a recording of her saying okay. She recently told me now that I can’t take him and he has to be back to her by her scheduled visitation time. I was going to be taking him August 5th-August 11th. The 5th-8th at 7pm is my visitation time and so is the 10th-11th at 4pm. I chose to use as little of her time as possible. I do not know what steps I need to take now that she is saying no. I want to take this vacation with my son but I do not want to get arrested either. Thank you.

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: The only thing you can do is bring on an Order to Show Cause in Family Court to see who has priority in deciding the time. If there is no priority, you have have a better claim if you gave your dates first. What you should do is take yoor Judgment and any divorce agreement to an attorney and go over the issue.

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