Legal Question in Family Law in New York
My 29 yr old son is the father of a almost 3yr old daughter. His ex girlfriend claims the only way she can get back on her feet, is to move to Florida with her mother for a couple years. My son hasn't paid child support for almost a year, due to not having a job. He is currently working now and will start paying support again. She says this would have helped her stay here and pay bills, which I'm sure it would have, but it was only $35 a week. She will use this against him for the reason of not giving him tempory custody until she comes back to NY. My granddaugher idolizes her father and visa versa, and I can't imagine it would be good for her to be away from her daddy. He took her home yesterday and her Mom called me at 9pm, to let me hear how hysterical my granddaughter was, because she didn't want to be home, and when I tried talking to her on the phone, she kept crying and saying over and over, "I want my Daddy." How can the be good for her, to move all the way to Florida, even if only for a year or two. To be honest, she is my only granddaughter and I'm very close with her....and it would break my heart too, if she goes. My son's Ex says he thought about giving him tempory custody, but changed her mind, and she won't give it to me either, because he lives with me at the moment. She claims because it doesn't say anything in the court papers, she can just up and leave, and he can't do anything to stop her. Is this true, and if not, what can he do to stop her? She plans on leaving in about 4 weeks.
1 Answer from Attorneys
First, get a Family Court attorney on this case immediately! You want to file an order to show cause as soon as possible.
Second, yes, unless a court tells her that she can not move she can but you can go to court to get a temporary restraining order preventing her from leaving the state with the child but you must do this immediately or sooner.
Good Luck,
Joel R. Salinger