Legal Question in Family Law in New York

Joint Custody and relocation

My husband and his ex have joint custody of their 6 yr old. The ex has primary. The ex has told us that she is moving to Florida this summer and is currently (next week) interviewing and visiting the area that she is moving to. We are under the impression that the ex is getting re-married but not certain. Can she relocate the child and how can we stop it? We are under the impression that she has to show ''benefit'' to the child in order to move past 45 miles. Also they don't have a written agreement in Family court about visittaion because it was ''as parties can agree'' will this hurt our chances in court? We are willing to become primary to keep our relationship with the child. This move would take her away from her Father, Grandparents, aunts & uncles as well as friends (which is why we didn't fight for primary before - to not change school districts or homes)

Thank you!


Asked on 1/08/03, 3:53 pm

3 Answers from Attorneys
Bunji Fromartz Fromartz Law Offices

GET A RESTRAINING ORDER IMMEDIATELY!

To protect your rights you must get an immediate Order from the court denying your ex the right to move the child from your jurisdiction.

Go immediately to your attorney or Family Court!

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Answered on 1/09/03, 1:18 pm
Daniel Clement Law Offices of Daniel Clement

Re: Joint Custody and relocation

In order to relocate, the party seeking to move must show that the relocation is in the best interests of the child. The benefit would have to outweigh restricting your access to the child.

Please feel free to contact me to further explore this issue.

Daniel Clement

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Answered on 1/08/03, 5:31 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Joint Custody and relocation

You should immediately have your attorney apply for an Order to Show Cause, with a Temporary Restraining Order (TRO), to prevent her from removing the child from the State.

She doesn't have to show anything, unless your husband first takes her to court.

If you wish to discuss this with me privately, please call to schedule a conference.

I practice in NYC and Long Island.

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Answered on 1/09/03, 2:54 am


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