Legal Question in Family Law in New York
My question regards my husband's parents and my husband's younger brothers. My mother-in-law and father-in-law are still married, legally I guess, but haven't been together for approximately six years. Six years ago, my mother-in-law also moved from New York to Michigan taking my husband and his two brothers with her. Did she have any legal right to do this? My father-in-law never gave her permission and has only seen his two youngest sons a few times since she moved them away. My father-in-law pays child support, but basically has had no visitation. Is this legal? What are my father-in-laws rights as a parent?
1 Answer from Attorneys
If there was no Court Order preventing your mother in law from moving her sons from the state, she did not need her husband's permission to move herself or her children anywhere. Additionally, since the move was six years ago, the younger son's legal state of residence is not NY. But, if your husband's younger brothers are over 14 years of age, they each are entitled to have input concerning what parent they want to live with; and they can, barring incapacity, initiate contact, on their own, with their father , by phone, mail & etc., to explain their position. If your father in law wants to see or visit with his sons, HE should tell them that, & HE should arrange for their visits & regular contact, provided his sons are of an age to agree. If their mother refuses to permit reasonable planned contact & visits with the father, that sons want to have w/. father, father can Petition Family Court for Visitation. Please keep in mind, your husband's opinion of his father's capacity to be a responsible caretaker, would likely carry great weight w/ the Court, whatever Petition his father may file concerning contact & visitation with his younger brothers.
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