Legal Question in Family Law in New York
Moving
My husband has a job offer in another state. What needs to be done for my 14 yr. old daughter to move away from her father (we were never married). Nothing is in writing regarding custody. Have court papers regarding support, health insurance, taxes. She has always lived with her mother, visits her father regularly. We live in the same state now. Is there anything legal keeping us from moving?
1 Answer from Attorneys
Re: Moving
If no Agreeement, Stipulation or Court Order exists, that addresses the issue of where the child lives and with whom, then there is nothing "legal" at this time,keeping the child from moving with her custodial parent someplace else.
However, it is recommended that you provide your child with the option of remaining with her father "in state," if she has close ties with him.
At 14, she has a right to be heard, in court, if the matter goes there. And, her interest (not yours) in remaining in NY, with father, friends and school, etc., rather than relocating to DC, would be a court's primary consideration, in deciding whether to permit you to remove her from the state.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
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