Legal Question in Family Law in New York

Re: Joint Custody - Primary custody wants to move

The circumstances of your move determines whether a court will approve along with the best interest of the child

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Re: Joint Custody - Primary custody wants to move

The courts tend to believe that "the better life" for children of a marriage is to have "equal" access to BOTH parents, notwithstanding whether the non custodial parent fully takes advantage of the access provided.

The factors to be considered include but are not limited to the following:

The reason for the move.

The age of the children and their particular and individual needs and desires.

Child support issues and access and visitation costs and arrangements in the event you move.

Whether children's best interest is to remain with father in environment, school etc., that they have come to know.

In sum, you need to show how "the move" benefits the children more than the interruption of their relationship with their father may harm them.

GOOD LUCK,

PHROSKA L. McALISTERL, ESQ

Re: Joint Custody - Primary custody wants to move

You will have to show that the move is in the best interests of the child. The benefit from the move would have to outweigh the loss of contact with the father.

Daniel Clement