Legal Question in Family Law in New York

relocation- custody issue

both parents joint custody, mother is custodial,,stipulation specifies 30 mile radius from nyc.for mother not to relocate out of.without consent from father or court approval..

mother wants to relocate with 11 1/2 year old son to washinton dc. she met new man off of the internet who lives there, seeing him 5months now, she's getting married in next couple of weeks. QUESTION how strong will this being married now uphold in court.

facts/// father and son have a very strong bond with each other. 2)son is in a very good school and very involved in all aspects of activities, environment etc. son wants to remain here in new york with father. mother immediate family lives in long island and cousins etc.

how stong of a case do i have? will they view her marriage precedent over it all. in spite my son wants to remain with his dad,, will the take that more weight than her marriage,, my does not feel comfortable with this new man of hers.

please advise.

thanks


Asked on 3/22/04, 10:10 am

2 Answers from Attorneys
richard feldman richard d. feldman

Re: relocation- custody issue

the best interest of the child always is the first concern of the court. under the circumstances you have a good chance of keeping the child here. the testimony of a psychologist will be very important. you can call me at 212 683 8677 for free consultation

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Answered on 3/23/04, 9:12 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: relocation- custody issue

If your son wants to live with you, his father, in NY, rather than relocate with his mother; and you are able to provide your son with a safe and healthy environment...... you have a good chance of having the court decide that your home should be your child's primary residence.

But, You should attempt a negotiated settlement with the mother, before going to court, to save time and money.

Also, avoid putting your son in the middle. He should not feel that he is choosing between his parents. But, choosing to continue to have BOTH of his parents in a way that will be the least disruptive to him, given the changes in his mother's life.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 3/22/04, 6:51 pm


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