Legal Question in Family Law in New York
Custodial Parent moves minor children out of NYS
I am the custodial parent of 2 children whom I want to move out of NY state back to the state they grew up in.
Their father and I are not divorced but have been apart for almost 2 yrs. I can prove that this move back to their home is the best for them and can also prove that he is trying to stop us just to be a jerk. We have a mutual agreement that he can see them anytime he wants. He pays court ordered child support. In the last year he has only had them visit over nite a few of times, and seen them all together maybe a dozen times. Does he even have a case to try and take me to court? Would a judge deny me the right to take them if I can prove that it is in their best interest? What type of info do I need to have ready just in case he does take me to court? Thanks!
2 Answers from Attorneys
Re: Custodial Parent moves minor children out of NYS
Does he have a case, yes. And he will have the right to bring a restraining order against you moving the children. Also you will have the burden to show that the move is in the best interest of the children. Generally speaking courts construe best interest as having the children readily accessible by both parents.
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Re: Custodial Parent moves minor children out of NYS
I suggest that you seek the order allowing you to relocate before you actually move. In order to relocate, you will have to show that the relocation is in the best interests of the children.
If I can be of help, please let me know.
Daniel Clement
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