You are in a middle of a divorce case – can you still take a vacation with your children? The answer depends on many factors.
Before you plan or book a vacation, you want to make sure that you are allowed to take the children with you on the dates that you have planned. For example, if you want to take a week’s vacation in July, you have to make sure that you have the children for that week. It is important to plan way ahead and get everything in writing. It typically is best to have your child custody attorney inform your spouse’s attorney of your plans.
Once you know that you can take the children, then you have to determine if spending the money on a vacation is something you can afford in a middle of a divorce. If you are the non-monied spouse (i.e., the spouse who makes less money), you will have to explain how you can afford a vacation based on your income. Conversely, if you are the monied spouse (i.e., the spouse who makes more money), you will have to make sure that the money you are spending on the vacation will not be used to demonstrate that you have more income or money than you are claiming.
Finally, you need to make sure that the children will be comfortable going on a vacation, just with one parent. Depending on the status of your divorce, the children may not be emotionally ready to spend a week with one parent.
There is no law or rule stating you can’t take a vacation with your children. However, if you are planning a vacation, you want to consult with your attorney and use some common sense.
If you are thinking of getting a divorce or need advice about child custody and visitation rights, please contact David Badanes and the Badanes Law Office at 631-239-1702, email at firstname.lastname@example.org. The Badanes Law Office has offices in Northport, Garden City, Brooklyn and Manhattan.
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