Legal Question in Family Law in New York
NY laws for relocating during proceedings
I am in the middle of a custody trial in NY. The father had temp. custody, he bought a house and moved to MA without telling me, the judge or law guardian. The previous order - gives him temp. custody, and me visits.... it says nothing about relocating out of state. The judge signed a restraining order in July which the father is not obeying - this I can prove, he works in the Coast Guard and his Commanding Officer told me they would transfer him back to NY if the judge orders that. Is there any Law that requires him to get consent from the court to relocate in the middle of a trial? Or any law that prevents the childs residence from being changed to a state other than the home state during proceedings? The forensic psychologist assigned to the case is under the impression I can press charges. All help is appreciated. I go back to court on Sept. 15 concerning the TRO.
2 Answers from Attorneys
Re: NY laws for relocating during proceedings
I need to know more details about the case, but his unilateral relocation may violate the temporary order and, in any case, probably requires a new look at the custodial arrangement. I suggest you consult with an attorney immediatley, especially if his move has impeded your visitation in any way. Feel free to call me at 212-367-9167. I do not charge a fee for the intial consultation.
Re: NY laws for relocating during proceedings
What does your attorney say about this situation?
If you are not currently represented by counsel, I strongly suggest you consult with an experienced matrimonial attorney.
His relocating by stealth smacks of self-help, which is frowned upon by the courts.
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