Legal Question in Family Law in New York

Relocate and custody of child

My ex-wife filed an petition to ask custody and relocate our daughter of 9 years of age to Maryland. She has phsical custody of the child. She listed two reasons: 1. She accused me ''abusing the child''; 2. She says her job is moving to Maryland. What issues will be discussed in the upcoming court appearance? Can I stop it? If this relocate happens, how do I deal with the visitation schedules established in the original divorce decree? Would child support be affected? Thank you very much for your help.


Asked on 2/28/02, 9:13 pm

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes

Re: Relocate and custody of child

You need to consult, face-to-face, with a lawyer.

If you doubt that you can afford to hire an attorney, you should At Least contact the Bar Association in the county where you live to see if they have a referral program. They probably do. Through this program you can arrange an "initial consultation" with an attorney experienced in these issues for a very minimum payment.

You would be under no obligation to hire that attorney.

If you KNOW you cannot afford to hire an attorney, you need to contact the Family Court, right away, to ask about the procedure for filing a request for assigned counsel.

Put otherwise, there are far too many 'variables' / "what-if's" in the scenario you sketch to make it 'reasonable' to try to give you an answer that touches all the bases.

Good luck.

J.M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 2/28/02, 9:53 pm


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