Legal Question in Family Law in New York
Moving out of state/Child visitation
Dear Sirs or Maddam,
I would like to know if you can tell me what steps have to be taken to move out of State with my children whom I have physical custody of. My ex-husband has visitation rights with them every other weekend and every other week in the summer,which he hardly ever effectuates and does not have a close relationship with his kids. He just recently moved 3-4 hours away himself for a new venture. My daughter is 16 soon to be 17 and my son is 15. My current husband whom I just married this past month has obtained a job in Minnesota with a Nuclear Power Plant and of course wants his family with him. My ex is not the easiest person to deal with we plan on going out there at the end of August of this year before school starts. Please can you tell me what I have to do? Thank you for your consideration of my letter. I will await your response. Sincerely anxious, Cher
2 Answers from Attorneys
Re: Moving out of state/Child visitation
I need to know what the divorce papers say about relocation. Unless otherwise provided, a relocation that intereferes with the father's visitation should be approved by the court. The father is no less likely to oppose the move after the fact than he would be if you sought his consent in advance. I need to know more details about your situation to give you proper advice. Feel free to call me at 212-367-9167 if you wish to discuss this further.
Re: Moving out of state/Child visitation
Congratulations on the new job. Minnesota can be a great place to live if you are ok with cold weather.
This is a simple matter (as much as any custody issue can be simple) The law part is simple, anyway. The people part is more complex.
The law part consists of a motion to re-open or change the custody order of the previous judge. These changes are approved every day. many are rejected as well.
The important thing is to get the new order before you move. There are a variety of techniques to maximize your chances of an approval.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
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