Legal Question in Family Law in New York

I'm married with a 2 year old and pregnant. If I file for divorce and get custody of our children what rights do I have in terms of moving out of the country?


Asked on 1/07/10, 9:24 pm

2 Answers from Attorneys

Adelola Sheralynn Dow The Law Offices of Adelola Sheralynn Dow

You would have to request permission from the court to relocate from New York to any other state or country. You will likely need an attorney to help you. Feel free to call me at 347-286-0226. Whatever you do, don't leave the State without permission.

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Answered on 1/13/10, 4:52 am
Michael Markowitz Michael A. Markowitz, PC

Ms. Obalanlege is correct. However, you can also obtain permission from the father.

If you go to Court, the Court will make a determination on what is in the best interest of the child. There is a presumption in the law that it is in the best interest of the child to be raised by both a mother and father. So, if you go to Court and request permission to leave the country, you will have the burden to prove that it is in the best interest of the children to essentially remove the father from their lives.

Mike.

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Answered on 1/13/10, 8:32 am


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