Legal Question in Family Law in New York

Thank you for your question.

Regarding the change of names, upon marriage you can choose what name you wish to be known by. Respecting you children, depending on where they were born, you filled out forms to name the child's father, and yourself, and the name on the birth certificate is the child's surname.

In the case of divorce, child custody is determined by the best interests of the child. If the parents can work together, a joint custody arrangement may work. There are several spheres where the parents must work together, including education, religion, after school activities and medical. Normally a divorce will grant to one parent the final decision making authority even in a joint custody arrangement. If there is a legal challenge to custody, it becomes clear to the court that the parents cannot work together and the court will grant sole custody to one parent. Even so a visitation // parenting schedule will apply for the non custodial parent.

More information is needed on your relocation question. Feel free to contact my office for a free consultation on this or any other legal question. Best of luck.

-David i. Witkon

http://www.witkonlaw.com

The Law Offices of

David I. Witkon, Esq. P.C.

600 Old Country Road Ste. 519

Garden City, NY 11530

P: (800) 774-5976

P: (516) 699-8411