Legal Question in Family Law in New York

I am the father and have joint custody of my two children with them residing with me at my residence. My ex wife's visitation rights are described as "fair and reasonable parenting time". For the first year or so she took them Friday, Saturday returned them Sunday. Then after a child protective service intervention (against her) she went months with no visitation, then afte CPS agreed she can resume visitation she would only take the kids Saturday and return on Sunday. After some time CPS had to be involved again and again recommended suspension of her visitation rights. Then after some time CPS then gave her visitation rights back and this time she would only take the kids occasionally for only an overnight visit. After having issues with the kids she hasn't visited for over one year. I now have a potential job opportunity in Australia which would greatly improve our quality of life... Do I have even a snowballs chance


Asked on 3/10/15, 10:26 am

1 Answer from Attorneys
Bruce Provda Provda Law Firm

It sounds like there has been quite a bit of CPS intervention in this case which may be helpful to you leaving the country with them. The easiest way would be to get their mother to agree to the move obviously. Depending on what the CPS issues are you could speak with an attorney about having her parental rights terminated. Your attorney may suggest you petition for sole custody and then request to move the children. The CPS reports will be very important in a successful outcome.

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Answered on 3/11/15, 11:59 am


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