Legal Question in Family Law in New York

Re: Out of State Child Custody

Yes.

Re: Out of State Child Custody

Your question fails to state whether father has just joint legal custody or has joint physical. If joint physical, is it a real joint physical rather than just words on an MSA or agreement (close to 50-50 timeshare)? What are the ages of the children? Would they want to move? Do they have ties to the community (friends, schools, etc.) What is the reason for the move out of state?

Re: Out of State Child Custody

Yes, with the permission of the Court, when

a sufficient showing is had that there is

a compelling reason for the move (employment

that is not obtainable in the "old" state, or

health concerns jump to mind) and that thei

children will not suffer with the move, andt

that the best interest of the children is

served by the move. Accomodations are

then made relative to summertime and school

break, and the moving parent usually has

to foot the bill for all transportation, etc

Re: Out of State Child Custody

Simply put, yes.

Custody [and visitation, which is a specie of custody] is always before the court and can be modified, in the best interests of the child.

Your question touches upon an area of custody law known in NY as "RELOCATION."

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www.BravermanLawFirm.com