Legal Question in Family Law in New York

non custodial parent move out of state

My Fiance and I are moving out of state for career reasons. I am pursuing a career/ education in Heavy Machinery operation in South Carolina because the opportunities in that area are limited in NY. My Ex wife is trying to keep me from having the kids out of state for a 7 week visitation during the summer. I pay regularly my child support and worry that if the mediation mandated by the courts doesn't work that the court may rule in her favor denying me visitation out of state with my children. Right now finances are rough (thus the need for the new job) and I can't afford an attorney. She can't either. She tried to prove me an unfit parent with lies that the judge disregarded. I am a fit parent and there is no evidence of the contrary. What is the likelyhood that they will deny me visitation out of state?


Asked on 6/15/07, 10:59 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: non custodial parent move out of state

Highly unlikely (but possibly not for 7 weeks.) Make your best pitch and see what the judge will allow. You can always negotiate for 4-6 weeks. The standard is what is in the best interest of the kids. You should also ask for spring break annually and Easter and Christmas break every other year on opposite years.

You need to be more of a parent than just paying support btw. You should know who their teachers are, what they are reading and learing in math and science. You should know who their friends are and talk about what they do with them.

You should also be able to show the court exactly what you will do with them while they are with you. Will you take off the whole time? Will you put them in day camp and be with them every evening? What cultural events and opportunities are there in your new neighborhood?

If you plan it out right, you should have little trouble getting time with the kids.

Good Luck.

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Answered on 6/16/07, 10:23 pm


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