Legal Question in Family Law in New York
Stop a dependant from moving out of state with a child
I am in the Marine Corps. I am getting married and I do not live in the state of NY. My fiance lives in NY and was planning on living with me with her kids. Her former boyfriend is trying to fight to keep her from leaving the state of NY. They have a child of about 18 mos. She never denied him visitations at all and she is willing to compromise an out of state plan. It was proven that her boyfriend at one time was not visiting the child but since he realized that she was leaving he go interested again. The judge order her to stay in the state of NY until the hearing is up. Can the judge keep my wife away from me?
2 Answers from Attorneys
Re: Stop a dependant from moving out of state with a child
The judge cannot keep your girlfriend away from you, but can enjoin her from removing her child from NY.
Your girlfriend can chose to consent to the father having custody of the child and agree to pay child support based upon her income and the CSSA formula. Your girlfriend can then have visitation and contact, per a schedule.
Please note, few father's are prepared for custody of their children, when the children are young and not bringing in an income. If this father is ready, willing and able to care for his child full time, Or not ... then "let him" should be the response.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ.
Re: Stop a dependant from moving out of state with a child
No, but the judge can keep the child away from the mother if the mother chooses to be with you out of state.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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