Legal Question in Family Law in New York

Can she take my son to Fla?

My wife and I are divorcing in NY state. She has a 14 year old from a previous marriage and I have a 16 & 13 year old. We have a 7 yr old son together. Her parents moved to FLA 3 yrs ago and her sister & bother in law moved a year ago to the same place she lived for a few years. She wants to move back but I want my son to remain here, even if she gets physical custody. She has not worked since he was born. Am I in danger of losing my son to Fla or will the courts decide that he should remain within a few miles of me?


Asked on 4/18/08, 9:37 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: Can she take my son to Fla?

You need to provide more information about your family in order to get an idea of how the Court will decide whether a move to FL is in your son's best interest. However, in weighing the benefits of going to FL against the benefits of staying in NY, the Court will examine various factors, including your son's relationship with you, your wife and the other children, how he's doing in school, the suitability of your home in NY, his relationships with other children, etc. Feel free to contact me directly to discuss this further.

Read more
Answered on 4/22/08, 11:08 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York