Legal Question in Family Law in New York
Change in custody
I have been divorced for 10 years and have three children. I have joint custody, however I am the primary custodial parent. My 12 y/o daughter will be 13 on 8/7/02, is asking to live with her father, same town, different suburb. She has ADHD requiring medication and counseling. She feels things would be easier for her if she changed schools. Do I have to allow her to go? If she goes there to live, does the court have to be involved? I currently recieve $614/mo in support for three children, an amount that has never changed since the initial divorce decree. If she moves, will I have to pay support to her father?
1 Answer from Attorneys
Re: Change in custody
You do not have to consent to the move. Nor do you have to file a petition to change her residence, if you agree that she can live with her father.
You and your daughter's father can agree, orally or in writing, that the relocation can be a trial move or temporary . After the trial period, the three of you can decide whether the "temporary" move should become permanent. Which then might require or warrant a custody and child support Court modification petition.
However, please note, where your Ex's income has substanially increased since entry of the child support order, and your income has remained essentially the same and less than his, you might actually be entitled to an increase in child support, or at least retain the same level of child support you currently receive, even though your daughter has relocated.
Your decision should be based upon your careful and thoughtful consideration of your child's best interests. The test should not be the child support.
Good luck!
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