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Parent Requests to Take Child Out of State


The problems that arise when a family is divorced are endless. Not only do the parents separate and create new homes, but the children have to divide their time between two parents. When a divorce is finalized, a visitation schedule is created. A New York Family Lawyer said parents are required to create a visitation schedule and the courts ensure that the parents remain in compliance with the orders of the court. However, life is rarely a stagnant existence. Changes occur in every person’s life that can affect the application of a visitation schedule.

One of the most common changes to affect a parent’s life involves having to move to another state. Whether a person has to relocate for business, or personal reasons, if that person is divorced with children, the visitation schedule will have to be reviewed by the court. In fact, if the parent who is moving to another state is the primary custodial parent, it can even affect the move. A primary custodial parent must apply to the state of New York family court for permission to move with the child. The courts of New York strive to ensure that the best interests of the child or children is the most important issue that must be addressed.

When the non-custodial parent objects to the move, things can get even more complex. In one case that was heard before the New York State Supreme Court of Nassau County on October 26, 1998, a mother was transferred to a different state and applied to the court for permission to take her child with her. A New York Custody Lawyer said her ex-husband objected and countered the motion with one of his own. His motion was to have primary custody of the child transferred to him and a new visitation arrangement drawn up so that the mother could have limited visitation. On January 29, 1998, the mother’s request to move with the child to the state of Florida was denied. The mother had to fight for ten months to have her case heard on appeal. Ten months is a very long time when your job and your ability to keep your child is at stake. Finally in October, the Supreme Court of Nassau County prepared to hear her appeal of the trial court’s decision to deny her request to move with the child to Florida.

However, the appeal court reviewed the decision of the trial court paying special attention to what decision would create as little upset in the child’s life as possible. The Supreme Court took in to account that a substantial population of the mother’s relatives also occupied the location in Florida in which the mother intended to move. A Nassau County Family Lawyer said transferring the child to Florida would provide this child with a greater support network than the child had in New York. The benefit of extended family cannot be underestimated. In New York, this child had no extended family. In Florida, the mother would have a better source of income as well as a substantial support system of friends and relatives. The Supreme Court reviewed the father’s reasons for objecting to the move.

The father contends that the move would prevent him from being able to see the child as often as he does with the child remaining in New York. He also contends that the move would limit his ability to visit the child because of the cost of travel involved in going from New York to Florida. A A Queens Family Lawyer said the Supreme Court determined that moving to Florida would clearly be in the child’s best interest and that the parents would have to share the expense of having the child continue to enjoy a positive relationship with the father.

At Stephen Bilkis & Associates with its child visitation lawyers there are convenient offices throughout New York State and Metropolitan area. Our divorce attorneys can provide you with advice to guide you through difficult situations. Hiring a child custody Lawyer can prevent you from losing precious time with your family.

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