Legal Question in Family Law in New York

Relocation to Sweden with child

I am not legally divorced yet, but doesn't live with my husband . He sees my son every other weekend and 2 days a week at this time. I wish to move back to my family in Sweden with my son. My husband doesn't pay me childsupport or help me with my sons school fees, this makes it hard for me since i have rent to pay. If i where to move back my financial situation would be a lot better and i would deffenetly make effort for my son to still se his father. could i move back??


Asked on 7/09/03, 10:11 am

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Relocation to Sweden with child

Divorce is a very difficult thing, especially with children. Your attorney is best placed to answer your question. In general, the answer is controlled by the court order. In the absence of an interim order on custody, you may take the child with you to Sweden. However, the court may order you to keep the child in the US at a later time. You are welcome to consultation at no fee at my offices at 42 West 44th St,NY,NY. Please call for an appointment first. (646) 591-5786.

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Answered on 7/09/03, 10:18 am
ODALIS M. ENCARNACION LAW OFFICE OF ODALIS M. ENCARNACION

Re: Relocation to Sweden with child

Speaking from a practical point of view, as long as your husband has a paternal relationship with your child, you may not move ANYWHERE with your child, including out of state without permission from your husband, now you mentioned that "my husband doesn't pay me childsupport," the child support and visitation do not go hand in hand, if that being said, I think the first step you should take is to go to your husband first and see if he will agree to letting you go, if you give him more summer visitation, and more holiday visitation and you agree to provide transportation then you never know what he will agree to. You'd better make the deal sweet, if you want dad to let you go. If you and dad do come to an agreement--make sure it is in writing, and filed w/the court. You can call my office anytime to set up an appointment for a free consultation

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Answered on 7/09/03, 12:54 pm
Daniel Clement Law Offices of Daniel Clement

Re: Relocation to Sweden with child

In order to reloocate, you will have to show that the relocation is in the best interests of the child and that the benefits outweigh the loss of contact with the father.

Daniel Clement

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Answered on 7/09/03, 2:28 pm


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