Legal Question in Family Law in New York

Re: Moving out of state

You need to arrive at an understanding with your Ex, concerning what YOU Will DO to assist him in maintaining his relationship with the children after your proposed move. To wit: What compromises are you willing to make for your children's father to forego his Right to be near his children; and his children's Right to be near and accessible to both parents?

Alternatively, he will have the option of Petitioning the court: to restrain you from removing the children from the State and the Jurisdiction; or Petitioning to remove custody from you to him. You will then have to defend your decision to move and explain why it is necessary.

So....."Cut a deal" with him.... re child support? Spousal support? visitation payment arrangements? cell phones for the children? Whatever might work. Then get it in writing!

Work it out with him or you will find yourself in Court with someone else making decision/s that you will have to live with, like it or not....and after the time, aggravation and cost of litigation.

GOOD LUCK.

PHROSKA L. McALISTER, ESQ.