Legal Question in Family Law in New York

moving out of a school district

The custody agreement that is currently in place for my daughter states that I have the right to move within a 50 miles radius of her father's home. Currently I am living about 5 miles from his home. Due to changes in my employment, I am looking to move about 10 miles from his home. He is trying to stop this by saying I can not move her out of the school district she currently attends. Can he stop a move, due to the school district. She has only attend one school, and that being in the one she attends currently.

Thank You,


Asked on 12/27/05, 6:12 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: moving out of a school district

No he won't be able to stop your move. Not of the agreement has a 50 mile limit, you are within your rights to move to 10 miles away.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Read more
Answered on 12/28/05, 9:52 am
Seth Kaufman Kaufman PLLC

Re: moving out of a school district

An experienced attorney needs to consider all of the specifics of your case to properly advise you. I suggest you consult with one as soon as possible. However, your relocation seems to be permitted by the custody agreement; further, assuming that you have sole custody and your relocation does not adveresely affect the father's visitation with or access to the child, there is no basis upon which to challenge it. Feel free to call my office to discuss your situation in further detail.

Read more
Answered on 12/28/05, 1:31 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York