Legal Question in Family Law in New York
moving/visitation rights
The father of my child, to whom I was never married, has vistation with our daughter every week from Sunday at6pm-Tuesday at 6pm. I am getting married in July, and my new husband wants to seek employment in a new area. My question is, since I have primary custoday, how to I change the visitation that is currently in place, and how do the courts usually rule on this? Do you normally have to stay within a certain area?
2 Answers from Attorneys
Re: moving/visitation rights
You will need either the non custodial parent's consent or the court's approval to relocate. You will have to show that the relocation is in the best interests of the child.
Let me know if I can be of help.
Daniel Clement
Re: moving/visitation rights
Generally, The Court's position tends to be, that the CHILD, comes first; and the child's interest's are distinquishable from a parent's interests or desires.
So,... YOU, should try to PLAN with the child's father, how YOU propose to continue to cultivate and encourage his "long distance" relationship with the child, after your move.
Absent agreement or a reasonable, workable proposal to maintain the existing noncustodial parent child relationship, "in the child's Best Interests," the Courts tend to restrict removal of children from the jurisdiction.
Since you are the one who wants to move.
You might also consider relinquishing custody to the father, if the child wants to remain with him, in NY. Then, you can pay support and schedule visitations, at your convenience,
Good luck,
Phroska L. McAlister,ESQ
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