Standard for Out of State Visitation

[Marycz]

My daughter is 10 mo. old and her father left for Florida when she was 4 mo. old. He had her every day while I was at work and then decided to go back to Fl. He lives with his mother there and at the time did not have a job. He now found a job in a pizzeria and wants his mother to fly my daughter to Fl. every month (she makes monthly trips to NY). Keep in mind, his mother owns a home here in NY also, which is where he lived until he left. We went to court, the law guardian recommended joint custody with me being the primary residential parent and that he should visit in NY...my daughter is not to go to FL and the only people who should transport her anywhere are he or i. She wanted us to go to mediation to come up with a schedule. My daughter's father does not agree with any of this and we are now going to trial in front of a judge. How likely is it that a judge will overturn the law guardian's recommendation? Also, what do courts usually do in regards to out of state visitation under these circumstances...(the fact that he left and that my daughter is so young)?

 

[irish223]

I think it depends on the judge and the circumstances. Some order pretty much what's recommended, others don't.

For school age children, it's not unusual for out of state visitation orders to give the NCP extended summer visitation, a week during the winter holidays, alternating Thanksgivings and spring breaks (or Easter). For a younger child, it may be more, even 1 week per month. It really depends. Since your ex moved away, be sure to request that he incur all the travel expenses if he is allowed visitation in Florida.