Legal Question in Family Law in New York

My ex and I are NOT married, both living in NY, never went to court, and he is NOT giving me any financial support. However, we do share responsibilities. Child lives with me, I take him to school every morning. His dad is not working and picks him up from school 3-5 days out of the week and does homework with him. On weekends we alternate and often child stays with grandparents as well, since they miss him. I would like to move to Florida, and wondering if my ex can stop me. I am NOT moving to take my son away from him, in fact, It's the only thing that was stopping me, I wanted them to have a good relationship. My ex was cheating on me, and lives with a girlfriend whom he's been with for several years while he was still with me. So, as painful as it was, I did all the right things by the child. At this point I have better work and life opportunity there and would like to move. Can he stop me?

Asked on 4/07/17, 2:33 pm

2 Answers from Attorneys

Philip Katz Fink & Katz, PLLC

The short answer is yes, you can't stop you. You can simply move away with a child you share with your ex. As the father he has rights to access, but you're moving would affect. If you want to strategize, and determine what your specific rights are, I highly recommend you talk with Attorney who does family law.

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Answered on 4/07/17, 5:39 pm
Philip Katz Fink & Katz, PLLC

Excuse the typo in the first line of my initial answer. The answer is yes he can stop you

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Answered on 4/07/17, 5:41 pm

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