Legal Question in Family Law in New York

Re: burdon of proof

This question addresses an area that is complex and complicated & it is probably not possible to give you anything you could consider to be a "comprehensive" reply to your exact question.

In the simplest possible terms, you have to demonstrate that it is in the best interests of the children for the court to permit this move ... the fact that it might be in YOUR best interests does not suffice. Needless to say, both the "quality" and the "quantity" of the association with the father is among the factors the court must weigh in determining what is in the children's best interest.

Thus, a court 'might' conclude that even though you planned to take up residence in a mansion with servants & tutors & all the money in the world - - not to mention The Ideal 'replacement father figure' - - that the "quality" or 'nature' of the Father/Child relationship was such that it would be too strained if extended over a 900 mile distance.

Again - - what I've set forth is the Shortest Form answer that comes to mind. You would be well advised to to consult, face-to-face, with a lawyer.

If you doubt that you can afford to hire an attorney, you should At Least contact the Bar Association in the county where you live to see if they have a referral program. They probably do. Through this program you can arrange an "initial consultation" with an attorney experienced in these issues for a very minimum payment.

You would be under no obligation to hire that attorney.

Regards, etc.,

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<