Legal Question in Family Law in New York
can i move, dad in jail, 22k in arrears & no contact in a year
i am unmarried mom to 8 year old boy.i have a temp custody order from 1998 that states the child is to live with me and dad consented. dad lives in NY & is in currently in jail, drug dependent and 22k in arrears. he has not seen the child in 1 year and only 2 calls were made to the child. i have refused his 2 requests for visits this year due to his drug habit, the enviroment he lives in & the emotional stress put on my son due to the inconsistency with vistations.i have just been laid off and have a opportunity to go back to school full time in FL. & live with my mother.do i need to take any legal action before i move? can the courts make me come back to nj? thank you
2 Answers from Attorneys
Re: can i move, dad in jail, 22k in arrears & no contact in a year
The court order may indicates a restriction on your moving away. If it does, you must go back to the court for a 'modification'.
If not, then you may move without the input from the court. However, I recommend you give advance notice to the father before you move. 60 days is my recommendation by certified mail.
Good luck.
Re: can i move, dad in jail, 22k in arrears & no contact in a year
Before, leaving NY, You should check your court file, to find out whether the Court entered a "Final" Custody Order or Judgment, that you did not receive; to review its terms.
If not, then you need to decide, after consultation with an attorney, whether you should motion for return to the Court Calendar for entry of the Final Custody Order, possibly "nunc pro tunc" (a "back" dated Order); and whether it would serve your interests.
You may or may not wish to refile in NY if a final order does not already exist.
Generally, if you subject yourself or your child to a Court's jurisdiction, that court has the authority to seek your return to their juris, if you leave, without permission or consent, if required.
Good luck,
Phroska L. McAlister,ESQ
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