Legal Question in Family Law in New York

Lifting a moving restriction

My custody order states that I can not relocate out of the state of NY for residential purpoes with my children. However, My original home anda family live in Arkansas and Texas. I have a Power of Attorney for my mother and brother. My mother needs my help with everday things and finances and my brother needs my help with legal issues because he is in prison. I need to relocate to be able to help them. How can I get this restiction lifted so I can move closer to my family? I do not have the money or the space to have my mother move in with me.


Asked on 7/10/06, 3:08 pm

1 Answer from Attorneys

Re: Lifting a moving restriction

You will have to go to court with a petition to show why it is in the best interests of the children to relocate them outside of the state of New York, and why the children could not stay in New York if you choose to leave.

If the relocation interferes with court ordered visitation, you will have to show a strong benefit for the children leaving the state that outweighs the loss or limited visitation with their other parent.

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Answered on 7/10/06, 3:15 pm


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