Legal Question in Family Law in New York

Leaving the state

Hi, I have two children ages 3 and 5. I'm trying to move out of state from NY to NJ. The father of my children has threatend to take me to court for custody and/or visitation. We've been to court this year and I have physical custoday and he has visitations every other weekend. He doesn't pay child support and he pays whatever he can whenever he feels like it. Financially, with the little bit of money that I'm making at my job, I can not make it. At least in NJ, I'll have help from family and friends. I will ony be two hours away from where he lives. I want to know if there is any thing legal that can do to stop me from moving and making a better life for myself and my children.


Asked on 10/18/07, 3:07 pm

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

Re: Leaving the state

Child support and visitation are separate issues. So the fact that the husband does not pay child support has no bearing on his right to see the children and the children's right to see the dad.

For a 3 and 5 year old, a four hour round trip is a significant amount of time. The husband could file an application in Family Court directing you to not remove the children from the jurisdiction. The Court will weigh your finanical issues and the husband's desire to see the children to determine what is in the best interest of the children.

Mike.

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Answered on 10/18/07, 3:24 pm


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