Legal Question in Family Law in Florida
Can I move from Fl to Ny
I have temporary custody of my child through a Order of protection from the babies father. he has visitation 1 day a week.Do I still have to file for custody and,what happens when the injunction ends 1yr from now. I would Like to move back home to NY I would have a better job and could finish school alot faster I have a fiance Who has great job secruity and would provide a wonderfully lifestyle for our family. Does the judge consider that? Her father loves her and pays childs support. He has no steady job and had family in ny too
2 Answers from Attorneys
Re: Can I move from Fl to Ny
Yes, you still need to file for custody for when your injunction ends, if not before. Moreover, you'll need to follow a special procedure to get permission from the judge to move to New York.
You'll almost certainly need a family lawyer to help you.
Re: Can I move from Fl to Ny
The question you are asking is could you relocate to New York with your child. With only temporary custody, and the father having court ordered visitation, the short answer is not without Court approval. You would want to have Permanent primary residential responsibility (custody) beofre moving. The Injunction expires in one year. This means that unless it is extended, you are in the same legal position as it relates to the father that you were in prior to the Injunction being entered. The lifestyle the child would have in NY would be one of several factors a Court would need to analyze to approve relocation of the minor child.
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