Legal Question in Family Law in New York

Re: Custodial Parent wants to relocate mother has liberal visitation

Congratulations on your upcoming marriage. He must be a good man to have custody over the mother. And good luck on an easy birth and a healthy child.

Regarding your question, he must inform the court through filing a 'certificate of permission to relocate'. If the mother defends, under the circumstances that you have described, he may win.

The relocation will make weekly visitation very difficult. But the offer for full summer custody to the mother will weigh heavily for him.

The fact that she does not pay support (unless it is ordered) is not important.

Clearly, he has a good, constructive reason to move and a positive interview/statement from you will be an important piece of evidence to help.

This is how these things are decided: the court looks at what is happening in the child's life now and what will be the impact of the changes for the future. The court adds them up and decides what will be best for the child.

An imperfect system, but not a terrible one.

You are welcome to a consultation for no fee.

Re: Custodial Parent wants to relocate mother has liberal visitation

While your fiancee has every right to relocate he does not have the right to relocate the children in his custody without judicial order. If the mother will not agree to the relocation, he will need to make a motion to the court regarding the change of circumstances in order to get permission to relocate the children to Florida.

Re: Custodial Parent wants to relocate mother has liberal visitation

Father's expectation that mother should make major changes in her life and style of relating to her child, to accomodate father's "new" life, is unreasonable.

Also, father's Offer of A summer month child visitation, when mother currently has frequent, weekly contact, is NOT generous, but is understandbly offensive to mother.

Suggest that: father makes more reasonable arrangements for visitation and child contact with mother, (possibly wkends, holidays, phone service, etc., & pays for costs & transportation costs), after the move. AND, that he Consider creating WITH EX, a PLAN, that does not devalue her relationship with the child; and permits mother NOT to "feel" that she is being substanially deprived of her child's presence.

IF the parties do not settle the child move and visitation issues on their own, w/o Court intervention, IT IS quite possible the Court, once Re-Engaged, will seek to prevent the father from removing the child from NY.

Good luck,

Phroska L. McAlister,ESQ

Re: Custodial Parent wants to relocate mother has liberal visitation

Relocating to FL will obviously make compliance with the visitation order impossible. Accordingly, your fiance needs to file an application for permission to relocate with his son. If the relocation substantially interferes with visitation, the court will weigh the benefits of the move against the harm done by losing time with the non-custodial parent. Your fiance should consult with a qualified family law attorney right away.