Legal Question in Family Law in New York

NCP relocation
Can a a custodial parent take a NCP to court if the NCP is relocating 3 hours from the child, to see if the move can be stopped? The NCP plans on seeing the child every month and having the child at the NCP house for extended weekends when the child is on vaction from school(following the move).

At present the NCP sees the child every other weekend, and visitation was not nailed down in the divorce papers.

The divorce document says that the custodial parent is not allowed to move within 100 miles of the NCP without permission. Should the NCP be worried that this rule applies to both the CP and the NCP?

Asked on 3/04/03, 4:56 pm

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

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Re: NCP relocation

I know of no case that limits the relocation rights of the NCP.

However, the court can set an appropriate visitation schedule, taking into account the needs of the child and the travel time, etc.

I practice in NYC and Long Island.

Answered on 3/04/03, 10:39 pm

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