Legal Question in Family Law in New York

If the biological father has not asserted his rights and is not the legal father, he cannot object to the move. Even if he is the legal father, all he can argue is it is not in the best interest of the child to move from New York. If the mother has a better job or a better lifestyle in another state, the court can rule it is in the child's best interest to move with the mother.

In the alternative, the court can rule it is in the best interest for the child to remain in New York. At that point, the mother can decide to move anyway and leave the child in New York with the father or with a relative. The court cannot ban the mother from moving, just the child. Of course, mothers will want to remain with the child in the state.

Also licensed and practicing in New York.