Pittsford, NY asked in Family Law for New York

Q: I want to get a legal separation from my husband. Can I take my children on vacation during the separation?

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2 Lawyer Answers
Howard E. Knispel
PREMIUM
Howard E. Knispel
Answered
  • Commack, NY
  • Licensed in New York

A: It depends on the provisions of the Separation Agreement. Normally you can take the children domestically without a problem, but foreign travel may have restrictions. You should consult an attorney to negotiate the Separation Agreement.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: Since you only want to get a separation, and there is no action started nor any agreements or orders in place, you each have equal custody of the children. That means that each of you are free to travel with the children at this time. That "freedom" can change depending on any agreements or court orders that may come about in the future.

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