Legal Question in Family Law in New York

My fiancee is currently still married to a man she has not lived with in 2.5 years. They have a 2 year old daughter in which this man has only seen about a dozen times. He is in the navy but makes no effort to come see his daughter. They just finally got through custody in which she was granted sole physical but mutual health and education. On the first weekend after the court date he violated court orders for the visits. There is a child support violation case pending, he owes 6k in back payments and has made none for over a year, but the main question is....we want to move to Mass where there is family, better jobs and is closer to CT where he is stationed in the navy. What do we have to do to make this a reality, can he in fact make us live in the current NY county we live in until her daughter is 18 ?


Asked on 9/05/09, 4:16 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. What do we have to do to make this a reality, can he in fact make us live in the current NY county we live in until her daughter is 18 ?

A. If you receive his consent, your fiancee would be allowed to move with the child. If there is no consent, you would have to petition the Family Court for permission to move the child to MA. The Court would look at the best interests of the daughter. Of course, the fact that moving the daughter closer to the father helps.

Mike.

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Answered on 9/10/09, 4:33 pm


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