Legal Question in Family Law in New York

Re: Relocation

Normally, the original award of custody will indicate whether or not you can relocate to another state without the permission of the natural father.

In this case, the petition for relocation produced a court order indicating that you may not relocate.

This court order tells me that the natural father opposed the petition and the court agreed with him.

1. The payment of child support is not as important in this decision (relocation) as whether or not the father actually does visit with the child.

2. A second impoprtant factor is the age of the child. The court is more likely to permit relocation when the child is older.

3. Also important is anything to compensate/adjust for the loss of visitation. That would include summers and school vacations with the father.

An aggressive, creative lawyer can likely have the court approve a relocation for a child over 10 years old.

You are welcome to a consultation for no fee. Email is best to make an appointment.

Re: Relocation

The reason that you need court permission to relocate is that the child's father has rights to a relationship with his daughter whether he pays child support or not. Child support is not in and of its self a determining factor whether the father can maintain his rights to visitation. Your moving outside of a reasonable distance from the father of the child can, in the court's opinion, be considered to be interefereing with the father's visitation rights.

The standard is what is in the best interest of the child once this is decided, the court will balance the rights of the two parents but only in light of the first standard.

You need to consult with an experienced family court attorney before you bring this action in court and you should bring all documents including a copy of the decision of the court from the previous case.

If I can be of any other assistance, you can contact me at 516.746.4747 or by email at [email protected]

Joel R. Salinger, Esq.

Re: Relocation

You will need to petition for relocation because it will hinder the father's access. The Court will weigh the benefits of moving against the detriment to the child from having less contact. Your marriage and the presence of a new sibling may constitute a change in circumstances warranting modification of the custody/visitation, but there are many factors that the Court considers in determining "best interests". Consult an attorney as soon as possible to discuss the details of your case.