Q: My fiance has a 4 year old wit his ex. She is the custodial parent and he has visitation every other weekend saturday till sunday. Her parents and also my fiance parents live in Puerto Rico. Every summer since the child was a baby, the child goes to puerto rico for the summer (july/August). This year the mother has told my fiance that she wants to send their daughter to puerto rico again this summer so that she can spend time with both sets of grandparents. He does not agree with this since this means he wont have visitation for 2 months. The mother wants to send the child to puerto rico for the summer so that the child does not need to be in daycare all day since the mother works full time.( My finace also works full time. We have a baby together who will be with a babysitter and I have a 8 year old who will be in summer camp. I too work full time.) The child would also be supervised by both sets of grandparents. The mother is insisting even though my fiance does not agree. There is no court ordered visitation. Everything is mutual verbal agreements. Can he prevent the child from going away on vacation for 2 months?
A: First, he can file an order to show cause to prevent the trip. Second, he should file a petition for visitation so he can establish his visitation via the courts. Schedule a consult with a Bronx Child Custody attorney for a full assessment.