Q: After more than 16 years in a controlling marriage I am just trying to make it to the boys graduation before they go to college and I find my separate place to live. But my husband has now banned me from taking the boys to visit our family in Nova Scotia. I have done this trip every other year on a regular basis but now he says I can go nowhere without him. I do not want to travel with him! I desperately want to have time away Does he have the right to stop me from traveling with our sons?
A: David's Answer: Do you have passports for the children? If yes, then in what way is he "banning" you from going? If you have passports & de facto custody of the children, then you're free to travel with them with our without his consent. That said, you're best advised to file a petition for an order of sole custody from the Family Court. Speak to a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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