Legal Question in Family Law in New York

Re: allow to move

He can try to block your move to North Carolina. You should immediately retain an attorney to start building your case for relocation. The standard that the Court will consider is whether the move will be in the best interests of the children. Among the factors the Court will look at are the quality of your ex's relationship with the children, including his history of child support payments. The Court will also compare the opportunities available to you and the children in North Carolina as opposed to the current opportunities in New York. An experienced matrimonial lawyer can help you craft as strong a case for relocation as possible.

Good luck

Whitney A. Clark, Esq.

Re: allow to move

Your husband can attempt to prevent you from removing the children from NY, via a COURT Petition, (Order or Divorce Judgment, {FINAL OR TEMPORARY}) that among other things,[MAY] "enjoin" OR "restrain" you from removing the children from the state.

However, if he currently does not have ongoing regular contact with the children, nor supports them financially or in other ways, it is unlikely you will be prevented from moving with children, IF,you have good cause to move.

In consideration of your Ex's protestations, offer to change custody of the children to him! Then, tell him and the children that WHEN you move, the children can visit you, {or stay with you} when ready. Bet he or the children will object to that arrangement too.

If not, you will be giving your children an opportunity with their father that might benefit you all; AND you will prevent your Ex and the children from holding you hostage, on a whim.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ