Legal Question in Family Law in New York
my sons girlfriend has a child by another man he has never paid anything for this child before birth or after. He filed papers in court for joint custody until he found out he had to pay child support then dropped the case There is no set days for visitation. She was set to move out of state to get married to my son and she was served papers for custody and visitation to stop her from leaving. Is there anyway she will be able to leave New York to get married? My son will be able to provide for both of them and give them both a place to live and medical insurance
2 Answers from Attorneys
Since the father filed for custody and visitations, the only way she will be able to relocate would be with a court order. There are certain circumstances under which such order may be granted.
This answer is not intended to create an attorney-client relationship. This answer should not supplant advice received from any attorney the questioner may have or obtained, as that attorney will be able to provide more thorough or informed advice.
She should file a petition for relocation. He may be willing to let her relocate in exchange for her not seeking child support from him. She may want to obtain a lawyer to help her with these petitions.