Legal Question in Family Law in New York

relocation of a custodial parent

I was wondering if I can prevent the custodial parent from moving my children further away from me. I was told during the divorce hearings that because I moved out of the county, I lost custody. I realize that there were other issues involved, however, why would it only be used against me? Does the court even care about the non custodial parent? I have joint legal custody, but I had to hear about this move from my son who is under the age of 11.

I am the one that has to do all the travelling, I live 2 hours from them right now, on a good day, and now he is intending to move an additional hour away. He does not have to do anything in terms of my visitations.

I am so lost right now. And don't know where to turn. Please help me!!!!

thank you


Asked on 6/22/04, 5:37 pm

2 Answers from Attorneys
Christine O'Sullivan Law Offices of Christine B. O'Sullivan

Re: relocation of a custodial parent

The Court has to do a lot of balancing when it comes to a question of making visitation more difficult for one of the parents. You need to contact an attorney to discuss more issues about your situation in more detail. Why are you both in the towns that you are in now? What advantage is there for your ex where she is moving? What is the reason? How much do you see you child now? Why do you do all of the travelling? What kind of jobs do you and your ex have? Your question raises a lot more questions before advice can be given.

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Answered on 6/23/04, 1:18 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: relocation of a custodial parent

If the proposed move of your children by your ex will negatively affect or impact your ability to maintain your present level of involvement in the lives of your children; and will pose to you financial hardship, you may petition the court to enjoin the move in the best intersts of the children; or seek downward modification of child support in order for you to cover the anticipated increased costs of maintaining visitation and contact after the move.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 7/01/04, 6:19 pm


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