Legal Question in Family Law in New York
Issues for a custodial parent moving out of state.
In the state of New York what are the restrictions if any for a custodial parent to move out of state with the child? My friend is considering moving after her divorce and wonders if she should inlcude this issue in the divorce agreement now being negotiated. She is concerned that if she brings it up in advance it will delay the divorce or cause problems. Is it better/easier to just divorce and then announce this fact later, or risk bringing it up in advance and perhaps being restricted from ever doing so? She would never ''run'' with the child, she wants to be upfront with her current spouse, but she doesn't want to lose her right to move. She wants to both child and other parent to have a relationship. The child is 10 years old, the marriage is 11 yrs old. They are divorcing through the use of a mediator as they have no other contentious issues. The husband is not mentally stable and has had a recent episode where he had to be rushed to the hospital because he was halucinating. He was kept in a physychiatric ward for 2 days, diagnosed with depression and put into an outpatient counseling arrangement. Please advise...
(This is a great service and I will reccomend it to all my friends...
Thank You TSR
3 Answers from Attorneys
Re: Issues for a custodial parent moving out of state.
If she waits till after the divorce is finalized she can be restricted from relocating the child out of state. This is an issue that must be addressed up front and could effect her right to custody.
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.
Re: Issues for a custodial parent moving out of state.
especially since the agreement is being negotiated now a court could very well prevent such a move do it now regardless of the consequences.. you can call for a free telephone consultation at 516 466 5297
Re: Issues for a custodial parent moving out of state.
If the other party raises the issue or requests specific terms and conditions re child custody, visitation, support; etc., agreements, to be incorporated in a negotiated divorce judgment or settlement, your friend will be compelled to disclose her plans. If not, then I agree with your friend.
But, please note, if the issue is raised,your friend should consider child support and visitation as connected to the father's ability to have regular, frequent (and inexpensive) contact and visitation with his child.
So, ... your friend should plan to tell the father that she will reduce her expectations, and demands for child support, if she leaves the state, in order to offset the increased money costs to the father to maintain contact with his child.
Good luck,
Phroska L. McAlister,ESQ
Good luck,
Phroska L. McAlister,ESQ
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
