Legal Question in Family Law in New York

Re: custody

Does the father have joint custody?

Does he have visitation rights?

If the father has joint custody or files for joint custody/visitation he can claim that the move is a hardship on his right to visit/custody.

Sincerely,

Patricia Martin-Gibbons, Esq.

Re: custody

Q. can he fight me on custody if he did not fight the initial move?

A. Yes. The court looks at the best interest of the child. The presumption in the law is that a child should be raised by a father and mother. By moving to MT you are effectively denying the children their father.

Q. what rights do i have?

A. You do have the right to go to MT. The children do have a right to a father. The father has a right to see the children. The Court weighs these rights in light of what is the best interest for the children.

Q. how should i protect myself if he tries to take me to court for visitation, custody etc.

A. First, jurisdiction remains in NY until 6 months after the children are in MT, then jurisdiction remains in MT. So if the father waits to bring the action, NY will lose jurisdiction and the petition would have to be filed in MT.

If the father does not wait and brings the petition in NY, you will have to come to NY to fight the petition. You will have to demonstrate why it is in the best interests of the children that the children should be living in MT away from the father.

Mike.