Legal Question in Family Law in New York
Moving out of state
I am a single mom of 12 year old twins, divorced over a year and I am the custodial parent. We have lived with my parents since the birth of my children. My child support payment is 800 dollars a month. Now my parents are moving to florida and i would like to move with them. In the divorce agreement there was a clause saying i am not allowed to move 30 miles from father. He will also not contribute more child support. I have only a high school education and do not have a high paying job. Is there any way I would be able to get permission to move without the fathers consent due to my circumstances.
2 Answers from Attorneys
Re: Moving out of state
You need to file a Court proceeding (an application, motion or petition) to modify your stip or court order/jdmt, due a change of circumstances. In NY, Both the Supreme Court and Family Court have jurisdiction over custody, visitation issues for children of a marriage, unless otherwise specifically waived.
In addition to showing your "NEED TO MOVE," re the economic imperatives. You need to show how the Move is in the children's "Best Interests," in addition to showing the court that you have a Plan to assist the children in maintaining a quality relationship with their father.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
Re: Moving out of state
you must get judicial permission by showing that the move is necessary for your and the childs best interest. you can call me at 516 466 5297 for free telephone consultation
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