Legal Question in Family Law in New York

I am a single mother with one minor child, age two years. My daughter's father and I are not married and not together and there is no physical custody established on the child. Although, we both share vistation one week on and one week off with split holidays. He is very controlling as well as both mentally and verbally abusive. He drinks alcohol excessively and smokes marijuauna in front of her. He continues to smoke cigaretts in front of her and has even caused her to have multiple health problems because of it. Now, recently she is acting out with sexual behaviors since he refuses to stop watching pornography in front of her. I have told my public defender and the judge all of this and nothing is being done about it. I am very upset because it is court ordered that he is not allowed to smoke in her presence and that he is suppose to have an alcoholism evaluation conducted. He has failed on both of these accounts and the court has neglected to follow through with these mandatory orders when brought to their attention on numerous occassions. I am very fearful if I countiune to stay with my daughter in this situation and what could happen to her and her well being. I am wanting to move to colorado to be with my only family, since I am alone here. I was scared and intimidated being in a court room setting, as this was my first time, and fearful to speak out. So when my ex said he wanted me to be unable to move more than 50 miles from him, I didnt know I could contest this. My question is: What are the consequences if I relocate out of state?


Asked on 10/12/10, 9:03 pm

1 Answer from Attorneys



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