Legal Question in Family Law in New York
Relocation
I am engaged and have legal residential custody of my 2 children. My fiancee' lives in another state. Their father has not seen them in over 18 months, and has petitioned to see them but the judge will not allow visitation due to various abuse allegations by the childen against my former husband. The judge has just ordered my former husband to pay for a $3,000.00 dollar evaluation of himself the children and me to determine the better custodial parent. Can I just relocate to marry my fiancee' of 2 years, and if I can what is the procedure, and if I cannot how can I do it? The children are 11 and 12 years, and to add that my former husband has a lengthy criminal record for domestic violence and other crimes, and has displayed anger to the judge in court.
3 Answers from Attorneys
Re: Relocation
I would not recommend relocation without first getting the Court's permission,to do so might create legal consequences you do not want to experience.
Re: Relocation
Once subject to this court's jurisdiction, you cannot "just relocate" out of the jurisdiction, withOUT consequences. You could be held in contempt of court;.... the court could order that the children be returned w/o you having custody in the interim....because you just indicated your lack of respect for the court.
You should ask your lawyer how to proceed, which should include obtaining the Court's permission.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
Re: Relocation
You may require court permission to remove the children from the state. Also, if you remove the children from NY, this court may no longer have jurisdiction over the custody/visitation dispute.
Daniel Clement
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