Legal Question in Family Law in New York

Relocated Children

My ex-husband and I share custody, but he has primary care. Our last family court judgement was he could not relocate the children outside of the school district, he motioned to request the relocation of the children to a school district 45 minutes away. Shortly afterwards, he moved 1/2 mile into another school district. The children finished the school year, this year he has relocated the children to two different schools, the older one to the district they now reside and the younger one to the school where the stepmother teaches, which is 25+ miles away (40 minutes). He has continually ignored the judgement of the court or found a ''loop hole'' in the judgement. What can I do and what will be the likely ruling when we go back to court? Thank You.


Asked on 9/11/07, 10:50 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Relocated Children

The court looks at the best interest of the children. The court will weigh the reason why the children go to a different school compared to a 40 or 45 minute drive for visitation. If the father can articulate a reasonble basis for the move, you will probably lose in Family Court.

Mike.

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Answered on 9/12/07, 8:44 am


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