Legal Question in Family Law in New York

Moving Child Out of State

My Ex to whom I was I was never married wants to move to Florida with my 4 year old daughter. She has told me if I want to see my daughter that I need to save my vacation time to go to Florida to see her. I pay child support and am involved in child's life. My first question is can she just move out of state without me having a say in it. Also if she did move out of state would I have any right to have my daughter visit me in New York.


Asked on 6/20/09, 10:42 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Moving Child Out of State

Q. My first question is can she just move out of state without me having a say in it.

A. No. She would have to apply to Family Court for permission to move. In the alternative, you may apply to Family Court to direct the child to remain in NY.

Q. Also if she did move out of state would I have any right to have my daughter visit me in New York.

A. Yes. Looked at another way, a child has the right to see (and have a relationship) with a father.

Mike.

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Answered on 6/21/09, 3:59 pm


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