Legal Question in Family Law in New York
custody
i have joint custody of my nine year old daughter. i want to move 90 miles away from my ex within the same state. we have no mileage requirement in our agreement and he has her on the weekends. can i move if i agree to have her at his home every weekend?
1 Answer from Attorneys
Re: custody
To determine custody and visitation, the court looks at the best interest of the child. The definition is broad since there are many different factors in a custody / visitation matter.
Although you are not moving out of New York, that alone does not define what is in the best interest of the child. For example, if the father is in Suffolk County and you move to Buffalo, you are essentially depriving the child the right to see her dad.
In your particular case the commute is 90 miles - approximately an 1 1/2 drive. Although it may not be unreasonable, the court (and you) must weigh the reason for the move against a child sitting in a car for 3 hours during the weekend.
Mike.
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