Legal Question in Family Law in California
my daughter 30 moved to nyc and got a fantastic job at a university I have her son 13 til aug when she gets an apartment..his father lives near by and he visits his dad off and on...there has never been child support and he really isnt close to his dad, doesnt even like going to his house..he wants to move to his mom in nyc without telling the dad because the dad will flip out..he lost his job and has already threatened his boss..he's remarried with two girls..can my daughter get away with just moving my grandson to ny and telling his dad he will be out to visit..? or would this be considered breaking the law in any way..like I said no child support..she is sole provider..
2 Answers from Attorneys
You have to look at what the terms of the divorce are. Was the dad given any degree of custody, visitation rights, etc. The last thing your daughter wants is her ex to call her new employer and tell them she has kidnapped their child contrary to a divorce decree.
Your daughter really should try to smooth things out before she leaves. I doubt she wants to have to come all the way back to California to attend court for matters that could have been resolved before she left. It is doubtful that the court would prevent him from going to NYC to live with mom, but the court is much happier when you ask for permission first. The fact that father pays no support does not strip his rights to visitation and vice versa - you cannot withhold support if you aren't allowed visitation either. The courts consider visitation and support two completely separate things.
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