Legal Question in Family Law in New York

Physical Custody- Want to relocate.

I live in Upstate, NY and would like to relocate just outside NYC with my boyfriend. I have a son with my ex in which I have physical custody; I am currently pregnant and engaged to my boyfriend. He is a NYC fireman and I would really like to be able to move down with him and start our family. I would provide complete transportation for my sons visitations with his father every other weekend and am willing to give him a break on daycare. What do you think my chances are on being able to move? Any advice you could give would be great! Thanks.


Asked on 6/30/08, 2:38 pm

2 Answers from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Physical Custody- Want to relocate.

I agree with Mr. Kaufman. Is there a custody agreement? What does it say regarding moving out of the jurisdiction? Does the father disagree? No sense starting a fight if there is not one to be had.

Prior to moving, you should petition the court to get approval for moving. It makes you look good in the eyes of the court, - it doesnt' seem that you are sneeking away in the middle of the night.

If you would like to discuss this matter further, please feel free to contact me.

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Answered on 7/06/08, 3:54 pm
Seth Kaufman Kaufman PLLC

Re: Physical Custody- Want to relocate.

The first thing to look at is the judgment setting forth custody and parenting time. If it does not address relocation or residence of the parties, then you should be able to go wherever you want, so long as you do not put burden or interfere with the other parent's custodial rights, time, access, etc.

Have you approached the other parent? What are his objections? Consult an experienced attorney as soon as possible if there is no agreement. Feel free to call me to discuss.

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Answered on 7/04/08, 10:58 am


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