Legal Question in Family Law in New York

Moving the child from NY to another state

My ex-wife wants to take my duaghter to North Carolina in 2005 to live. My ex is the custodial parent, I have visitations with my daughter now and an outstanding relationship with her. She is 13 years old. Can I stop this from happening and what rights do I have as her father?


Asked on 3/07/04, 7:18 pm

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Moving the child from NY to another state

You might consider petitioning for custody; Or filing a petition for an injunction to prevent daughter's removal from NY.

You might also seek certain financial concessions on the part of your Ex to cover the increased costs and expenses, you will incur as a result of the move. Travel and time expenses...telephone.... etc..

Please note, when your child turns 14 years old,

she will have the right to be heard by the Court regarding her desires re the proposed move.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ

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Answered on 3/08/04, 11:03 pm
Richard Roberts Richard A. Roberts, Esq.

Re: Moving the child from NY to another state

If you have a court order of visitation your "ex" must still abide by its terms. If she violates the order by not allowing your visitation to continue you can get a hearing in family court.

(914) 668-6622

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Answered on 3/07/04, 8:26 pm


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