Legal Question in Family Law in New York
Custodial parent moved out of state and left kids with grandparents
My husbands ex moved out of state and left his daughter with her parents. My husband is paying support and has visitations. His ex is planning on moving all the kids she has at the end of the school year with ot without his consent. As an active parent shouldn't his daughter be with us if her mother is not in this state? Also, what about the child support that he's paying? Can he get that rectified also?
2 Answers from Attorneys
Re: Custodial parent moved out of state and left kids with grandparents
It sounds as if he needs to go to court and file a petition for custody. She can not just move out of state without the court's permission and if she does she may be ordered back. Child support is his obligation as long as the daughter is not living with him.
Re: Custodial parent moved out of state and left kids with grandparents
Your husband has very substantial rights in this matter. If is ex is seriously planning to take the children out of the area soon, he must go to family court and file a petition to block this and to inforce visitation. He may even want to file a petition for custody due to a change or potential change in circumstances.
I strongly encourage your husband to get an attorney before taking most of these actions since he will be entering an arena that he is not normally in and many twists can happen that will need to be handled at a moments notice.
If I can be of any help you can contact me for a free telephone consultation at 5167464747.
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