Legal Question in Family Law in New York

Re: custody

If you relocate (or attempt to move) your children out of NY State, across country, away from their father, without their father's consent, the Courts (both CA & NY), may and ARE LIKELY to:

1. Order you to RETURN the children to NY, after the move;

2. Enjoin (Stop) you from removing the children from NY;

3. Transfer custody of the children SOLELY to your Ex, their Father, in the interim, or permanently;

4. Issue a Warrant for Your arrest, if you fail or refuse to immediately comply with the Court Order/s, entered for the Return of the children to their father.

Your desire, to return to YOUR "family home" and parents' CA locale, (presumably, for your folks to help you "raise" the children), without more, will probably NOT be persuasive, to the Court/s; and could convince your EX, that you ARE trying to "steal" his children from him, along with all of his rights and obligations, except for paying support. Which, will be a no win, no win, situation for all concerned.

A Petition requesting Court permission to relocate your children from NY to CA, to be successful will require PROOF that your EX,refuses, cannot or should not (for cause) CARE for or be the primary custodian, for the children in your place and stead, should you leave your children with him, in NY; AND, your proposed relocation across country, is a "employment" "medical" or other "real" NECCESSITY and is in the children's "Best Interests."

Therefore, Suggest that you re-think moving; and re-think how your might compromise, accomodate or demonstrate respect for your EX 's feelings concerning his children and self, to the extent that he is AGREES AND CONSENTS to you relocating the children to CA.

Good luck,