Legal Question in Family Law in New York
Questions about relocation
I have joint custody with my ex husband of our 7-year old daughter. Our divorce decree does not state anything about having to remain in New York State. I want to relocate to Florida. I have a job, a home and a fiance who lives there and is settled. My ex-husband and I talked about it and he agreed (never signed anything) but then changed his mind and told me that he would rather fight me in court; said that I can leave but she would have to stay. Since he and I have never had to go to court for any issues in the past 6 years and I have offered him a very generous visitation package what kind of case does he have? Is is possible that I may have to ''stay put''?
2 Answers from Attorneys
Re: Questions about relocation
You will have to demonstrate that the move will be in the best interests of the child. Among the things you will have to show is that the benefits of moving outweigh the loss of regular visitation.
Daniel Clement
Re: Questions about relocation
Relocation may be permitted if the custodial parent demonstrates, by a preponderance of the evidence, that the proposed move is in the child's best interests ( see Matter of Tropea v. Tropea, 87 N.Y.2d 727). The factors to be considered include, but are certainly not limited to each parent's reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child's future contact with the noncustodial parent, the degree to which the custodial parent's and child's life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the noncustodial parent and child through suitable visitation arrangements.
Mike.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
