Legal Question in Family Law in New York
6 month jurisdiction
son 12 , nys supreme court divorce 4years ago// mother remarried 1year now ,,,if she moves to another state and has my son relocate with her and lives more than 6month in new location,, does new york court ( family, supreme )lose all jurisdiction over any modifications etc over this relocation process. do i assume she can file now in new location for any changes or modify divorce stipulations and can that overturn ny supreme court stipulations?
is there any process that i can file on this matter in ny courts that no other state can supercede this process.
please advise any recommendations.
note we both have joint custody / she is custodial/all other decisions are equal school camp etc,med
3 Answers from Attorneys
Re: 6 month jurisdiction
This must be very difficult for you. It is important that you stay in your child's life.
I can answer your question.
The court retains jurisdiction, but your ability to contest the relocation will be seriously compromised if you do not act before the relocation.
If the possibility is serious, then you must act now. The court will not allow you to move the child back once your child is re-settled someplace.
You are welcome to a consultation for no fee.
Re: 6 month jurisdiction
New York has adopted uniform laws regarding child custody and support. However, you should look first to the judgment provisions to determine how relocation will be addressed. Suggest you consult an attorney to discuss the specifics of your case.
Re: 6 month jurisdiction
It would be improper for an attorney to provide you with legal advice without having first analyzed all of the facts and circumstances of you particular matter.
However, I will try to provide you with some information.
There are no easy answers here and your problem does indeed require individual attention. Re-location by the custodial parent is not automatic. There may be grounds for you to challenge it.
The starting point is to review the terms of the stipulation of settlement.
You could go to Family Court and seek assistance there. However, I would recommend that you consult with an attorney.
If you would like my assistance, please feel free to contact me at (212) 971-1384.