Legal Question in Family Law in New York
Relocating to Grand Cayman Island_Job offer
15 yr old boy lives with father full time since (feb 07) Prior to that father had court order visitation. 15yr boy lived with great parents(legal guardians- until they consented to vacate court orederd custodianship in Feb 07 and now son lives with father), Mother where abouts are unkown Father is offered employment in the Grand Cayman island due to job relocation. There is no order of custody in place with the courts. Again, mother whereabouts are unkown. Great Grandparents (Prior Guardians) ( recently have threatened to stop the relocation by taking father to court for visitation. Can they stop the relocation? What can Father do to assert all of his parental rights and not break the law?
2 Answers from Attorneys
Re: Relocating to Grand Cayman Island_Job offer
Get yourself a local family law attorney and get the court to permit the move.
Re: Relocating to Grand Cayman Island_Job offer
Father is a "natural" custodial parent, w/o need of a court order, unless contested by Mother or the "People of State," ie., a State Agency.
W/o the "Guardianship" or "Custody" Court Order, the Great Grandparents do NOT have equal or superior rights to Father's rights Re: custody,visitation, decisions about a child's residence or other matters, concerning the child.
However, suggest that: Father discuss with all the parties, his PLAN, to insure that son and grands, will be able to maintain regular contact and their relationship with each other, despite the move. IF, that is what son wants.
If Grands Petition Court, a "reasonable" PLAN, with 15 year old son's agreement, will likely be approved, over Grand's objections.
Father should also, check with airline or travel agency, to determine what Court ("permission")docs, if any, are required for him (single) Father to freely travel, whether interstate or international, with his 15 year old son. (These rules are in flux, inconsistent and sometimes ridiculous)
Then, file Court Petition for same.
Good luck,
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