Legal Question in Family Law in New York

Moving out of State

My wife and I just recently wed and she lives in NY while I live in MD. We share one child and she has another with someone else. We have already petitioned to Move to MD with Family court in Long Island. My wife is the custodial, while the father has visitation. If the judge okays her to move, is the orginial visitation order amended or is there another process? He has not objected as of yet to us moving. Is this a process done at the hearing or not?


Asked on 6/03/03, 6:41 pm

2 Answers from Attorneys
Carolyn Press Chung & Press. P.C.

Re: Moving out of State

I can't answer regarding New York law, but I am surprised if New York prohibits her from moving out of state without court approval. If the father has regular and frequent visitation in New York, it will most likely have to be amended to provide for less frequent, but longer, periods of visitation. If your wife and the child's father can reach an amicable agreement to present to the court, that is the best way to do it rather than letting the judge figure out some schedule which is not satisfactory for anyone. The judge will ratify any agreement the parents can reach. I would advise your wife to discuss the matter with the child's father without waiting for any court action.

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Answered on 6/04/03, 10:03 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Moving out of State

Wait til the order allowing her move issues, then address visitation.

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Answered on 6/03/03, 8:22 pm


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