Legal Question in Family Law in New York

My 1 year old son was born in the state of NY. I plan on moving to FL within the next 2 years. Is there a way of moving to FL with my son WITHOUT having to have his father's permission, being that he's on my son's birth certificate. I'm in the process of going to court with my son's father, and I'm seeking full custody of my son, but i'm not sure if im going to be granted full custody. Could you help me with any ideas or suggestions. Thank you for taking the time to read my question.

Take Care,

Denise


Asked on 10/13/09, 9:36 am

2 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Honestly, if the biological father is granted visits with your child moving might be difficult.

If the biological father contends that the move will interfere with his visits, you might have a problem.

You may be granted sole custody, but if the biological father is in the child's life and wants to share custody with you this might prove difficult as well.

I hope I answered your questions.

Feel free to give us a call at 212-962-1031 if you wish to discuss this in further detail.

Patricia Martin-Gibbonss

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Answered on 10/18/09, 11:21 am
Michael Markowitz Michael A. Markowitz, PC

Q. Is there a way of moving to FL with my son WITHOUT having to have his father's permission.

A. No, especially if the father wants to be in the child's life. A child has the right to be raised by a father and mother.

Mike.

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Answered on 10/19/09, 8:33 am


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