Legal Question in Family Law in New York
Joint Custody and changing the visitation agreement in order to move near my fam
I have joint custody of my 7 year old daughter and I am
the residing parent. I would like to move near my family.
They are 400 miles away in the same state. My divorce
and custody papers do not restrict me from moving, but
the visitation schedule would need to be modified and
my ex fights everything just to spite me. My ex has
some family here but my daughter feels closer to my
family and expresses a desire to live close to them.
She has only two uncles, an aunt and one cousin who
is 22 years older than her here. In my families area she
has two sets of grandparents and an aunt and uncle
and two cousins close to her age, of whom she's very
close with. I'm just finishing college with a teaching
degree and hoping to apply for jobs in that area in May.
I would like to know some valid reasons to convince the
court that it would be beneficial for my daughter and I to
be closer to my family. It has been very difficult to live
here without family support.
3 Answers from Attorneys
Re: Joint Custody and changing the visitation agreement in order to move near my
I can see from your email that this has been a difficult time. The pressures of divorce, school, and tending a small child. All the while far from your true home and family. Your desire to move closer is understandable and may be approved by the court.
The reasons you listed are very good reasons. The main thing you must do is phrase them to emphasize the benefit to your child.
good luck. You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029
Re: Joint Custody and changing the visitation agreement in order to move near my
Mr. Clement's answer is correct, although I decline to assume whether you or the non-custodial parent is the mother or the father.
I would need as much detail about what each parent provides in order to suggest the proper way to frame the proposed relocation. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.
Re: Joint Custody and changing the visitation agreement in order to move near my
Obviously, a relocation would preventthe father from having regular visitation. You would have to show that the move would benefit her so that it outweighs the loss of visitation.
Daniel Clement
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