Legal Question in Family Law in New York

fighting to keep non-custodial child from moving to florida
it's complicated... i lived with mother and child from 2001 until last september in nyc ... mother wanted to move to florida so we did... child stayed behind with grandparents to finish school year... me and mother broke up... she kicked me out ... i came back to nyc ... i filed papers to try to keep boy here in nyc, really don't know where to go from here. i cannot afford a lawyer ... do i need to ask for a custody trial and go for custody, or can i just ask that he stay in nyc, and try to win the tropea vs tropea arguement about the 5 points they look at for the child's best intrests.... and let's say i lose both, can i ask the mom pay for liberal visits since she's the one who took him from me? i have payed child support on all my children for the last 10 years by the way... i'm not a deadbeat dad... i have always fought to stay in my children's lives as much as legally possible, that should help my arguement too no?
i just want to raise my son and can't if he's 1200 miles away....

Asked on 6/23/05, 12:10 pm

Andrew Nitzberg Andrew Nitzberg & Associates

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Re: fighting to keep non-custodial child from moving to florida

Make a list of all of your points and communicate them to the judge. Travel expenses have been awarded in the past to petitioners.

In addition, look for a 'pro bono' or free attorney. If you meet the income requirements (less than a certain amount) then you may be found eligible.

Good luck.

Answered on 6/24/05, 9:23 am

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