Legal Question in Family Law in New York

Served papers when potential move mentioned

My ex has not ever paid anything toward our daughter's exenses. This is incredibly financially difficult for me and I began considering the possibility of an out of state move. My parents offered to keep her for a couple weeks so I could go spend some time there, looking at jobs, preschools, and housing. As soon as I arrived I ended up in the hospital with a a blood infection and couldn't do anything for over two weeks. I returned home to see my daughter for a few days before continuing the job search and was served papers by my ex, saying he wants sole custody. We had talked about the possible relocation and he agreed that I could go find out what there was to offer and then we would talk about it more if I decided to move. I have made no decision yet but can't make a living here. He has not taken care of her since I've been gone- my family has. The papers he served are full of lies. I haven't even decided on whether or not I want to move. Do I need a lawyer at this point? Can the court date be moved? What do I do next?


Asked on 1/27/08, 12:51 am

1 Answer from Attorneys
Stanley Wayne Wayne & Wayne Law Office

Re: Served papers when potential move mentioned

You have to secure custody before you move. You must go to court with a lawyer and give up on the out of state move for now. Ask for temporary custody at first and explain that child is with you now. Deal with move issue after custody is resolved. Otherwise you will risk losing custody.

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Answered on 1/27/08, 1:04 am


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