Legal Question in Family Law in New York

Re: Relocation

I concur with the "musings" of brother Hayes.

One additional point: If litigation were as simple as just filling out forms, we really wouldn't need lawyers, except in your case you do.

At the very least, your wife should consult with experienced matrimonial counsel.

I practice in NYC and Long Island.

Re: Relocation

In New York, in order to relocate, you must show that the move is in the best interests of the child. If the move will interfere with visitation and the child and non custodial parent have a close relationship, you may have a difficult case.

Daniel Clement

Re: Relocation

You refer to a "step child" - - so, the child's mother will have to bring on any proceeding. If visitation is set by terms in the divorce decree ... the decree probably also grants jurisdiction to Family Court to hear issues of support, custody, etc. Do find the divorce decree. If there is a Family Court order that sets visitation, find that order.

The mother can initiate a petition in FamCt seeking to "amend, set aside, vacate" the existing terms w/re: visitation.

That petition can be filed, without a lawyer, at the FamCt - go there early in the morning with copies of the papers noted above; ask for the intake clerk and they'll be able to help you.

"Relocation" is a change in status / circumstance that gets close attention in court and the 'theory & practice' of relocation got a thorough re-working a couple years ago.

In the most general sense, the court must weigh the "value" / benefit / closeness of the bond between the father & son {as nurtured by the visitation} against (a) the extent to which the proposed relocation will, itself, work to benefit the best interests of the child {not the parents - - that you've got a better job offer is NOT a controlling aspect} & (b) the extent or 'nature' of the loss to the child's best interests that disruption of the visitation with the father will cause.

I'm a believer that it makes a difference how such arguments are drafted & presented to the court - - if you can afford to hire an attorney, you should; there are some subtle aspects to "relocation" that need to be handled carefully. In particular, whether you hire a lawyer or not, you should think through, yourselves, what you are going to offer to make possible by way of visitation, if the relocation is permitted.

If there is a strong, meaningful bond between father & son & visitation takes place regularly & is important to the child ... it is certainly within the realm of possibility that the court might not let you relocate {an alternative the court will be able to consider is granting custody of the son to the father}.

It is certainly NOT a good idea to make the move & wait to see what happens - - get the issue in court asap & it is probably better if the mother initiates the proceeding - - adding to the more favorable impression that she is asking the court's guidance / permission; rather than responding to a petition by the father alleging that she's trying to sneak off in the middle of the night, if you get my gist.

Regards, etc.,

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. <-<<