Legal Question in Family Law in New York

moving out of state

I am a divorced woman with a 15 year old daughter. I have recently remarried and would like to relocate to South Carolina as my new husband is retiring. What are the chances of taking my daughter out of state, when she does have an everyother weekend visit with her father.


Asked on 10/29/08, 9:27 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: moving out of state

A child has the right to be raised by both a father and a mother. Removing a child from meaningful visitation with a father is generally not in the best interest of the child. The Court determines custody / visitation issues looking toward the best interests of the child.

Based on your question the father has the child every other weekend. If you want to end visitation solely because your husband wants to retire, then you will probably not be successful in Family Court.

Mike.

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Answered on 10/30/08, 8:46 am


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