Legal Question in Family Law in New York
Can I Go?
My exhusband and I have joint custody of our 15 year old daughter and 13 year old son. I have them full time and he sees them on weekends. I have a job offer and basically a better lifestyle offer in Florida and we live New York. Ive tried being reasonable and adult and talking to my ex but he is threatening to get a lawyer so I cant go. Can he stop. Ill be able to give the kids a life Ive always dreamed of
1 Answer from Attorneys
Re: Can I Go?
The simple answer to your question is no, you can not go.
Now the more involved answer. The noncustodial parent has the absolute right to a relationship with their children and the custodial parent is not allowed, except under exceptional circumstances to interfere with that relationship. For you to relocate, you will have to demonstrate that it is in the best interests of the children and that there is no alternative to this interfereance with the visitation. That is almost impossible to do.
Joel R. Salinger, Esq.