Legal Question in Family Law in New York

Re: Sole custody but wanting to relocate

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

I take it from the facts that you state that there was court involvement, a court order, dealing with custody in '98.

If you leave the state without first going to family court, there is a real risk that the father will petition to demand that you return {and, since he knows you are leaving, there is a risk that he will petition to stop you from going}.

The law with regard to this issue has changed significantly in the past two-three years {or so they say}; I think it is 'reasonable' to say of those changes that it is supposed to be easier for the party who wants to move away to do so.

You should consult an attorney if you can afford to hire one. If not, you should act to save yourself grief later on and initiate a petition in Family Court on your own. The court staff will help you, it is not complicated, you will have an opportunity to ask that an attorney be assigned to represent you. Acting sooner rather than later would be the better course of action.

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. <-<<

Re: Sole custody but wanting to relocate

There are a few issues that require clarification. First, the main issue will be whether or not relocation will interfere with the father's visitation. It is interference if the relocation would pose an undue hardship on him for visitation. Secondly, if there is a judgment or agreement that imposes a radius - be sure not to violate that clause. Thirdly, if changing the school district would violate any part of the order - look out! Best thing is to have your lawyer check the situation out first - or try and negotiate with the father. Best of Luck!