Legal Question in Family Law in New York

Re: sole custody moving out of state

For some reason, it takes a long time between when you submit your question and when it gets "circulated" for answers.

If the visitation that the father has is covered by a Court order {even if that same order grants you "sole, legal custody"} it would be the wiser course of action for you to file a petition in Family Court to deal with the issue of your plans to move out-of-state.

If you do not file a petition, in advance, it is possible that the father can file a petition, even later on, and you will have to deal with it at a time / in a way likely much less convenient to you.

If you can afford to hire an attorney, you should consult one. Contact the Bar Association in the county where you live to see if they have a referral program.

If you cannot hire an attorney, you can go to the Family Court and staff at the court will help you with the necessary paperwork. It is not complicated. You will also have a chance to ask to have an attorney assigned to represent you.

The "theory and practice" as it relates to relocation cases has undergone some changes in the past few years. It is perhaps reasonable to say that it is, now, somewhat easier to overcome objections from a non-custodial parent. In any event, it is probably better to initiate the court intervention, yourself, ahead of time, than it is to get dragged into court after you've moved, or on the day you plan to move.

Good luck.

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. <-<<