Last year I won physical and legal custody of my 12 year from her mother who lives in PA. I plan on moving to Texas in July from New York state. My question is can her mother who only has visitation rights, petition to stop me from moving out of NYS even though she does not live here? What are the steps I need to take to modify my custody rights in NYS? Could the judge order me to stay in NYS just because it is in the best interest of the child even though her mother is a resident of Pennsylvania and we dont have any sort of agreement where I have to stay in the same state?
I dont have the money for a lawyer because I spent it all trying to get custody of her.
2007-02-04 11:20:53 · 8 answers · asked by Nelson H 1 in Politics & Government ➔ Law & Ethics
I'm fairly sure she can stop you. My ex-husband has visitation and I'm not allowed to move out of NY state because of it.
2007-02-04 11:24:20 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Let me see if I have this right. You want a better job, you don't want to have to pay child-support, you want to move away from your child, and you want to spend less time with your child? If all of this is true, then you don't deserve to be a father. You give fathers everywhere a bad name. You have no idea how many fathers would love to have joint-custody, but idiotic judges make stupid decisions. Your number one concern should be your child. There is no way you can justify what you "want" to do. If you move you will probably lose custody to your ex., you will have to pay child-support, and you will screw up your child, mentally. Do not go after the almighty dollar. Continue to stay in the same custody arrangement. If you take my advice, maybe I won't think you are a selfish a**hole.
2016-05-24 07:27:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
To the best of my knowledge the child's mother does not stand a China Man's Chance In Hell. She doesn't have a leg to stand on.
If you retain full physical and legal custody then all calls are up to you. You make the rules, not her. I do not think you will have to modify your custody rights at all.
But since I am from California and not New York you might want to call your local District Attorneys Office..They will advise you free of charge, they are there solely to help you and others like you.
Good Luck
2007-02-04 11:35:03 · answer #3 · answered by Aunt Henny Penny 5 · 0⤊ 0⤋
I would suggest you talk to someone about this issue with the NY Department of Human Resources. They might even be able to give you a name of an attorney who will assist you "pro bono" (for free). Good Luck!
2007-02-04 11:29:58 · answer #4 · answered by Hammer 4 · 0⤊ 0⤋
search for your laws on the computer. It should give you some insight on the law. I know in Michigan you can't leave the state even if you have custody and the father lives in Ohio. Good luck.
2007-02-04 11:25:13 · answer #5 · answered by lynnie 3 · 0⤊ 0⤋
She can always petition the court. The increased distance from where she is may be an issue as it could interfere with her visitation. If you can make arrangements to transport your daughter to PA at YOUR expense for visitation, you should be allowed to more.
2007-02-04 13:00:56 · answer #6 · answered by STEVEN F 7 · 0⤊ 0⤋
usually you can ask the lawyer who did the custody battle for advice and he probably won't charge, but I don't see why she should protest if she does not have full custody and don't live in the state anyways. but make sure she has your new address and I think you should be fine. good luck.
2007-02-04 11:25:49 · answer #7 · answered by misty blue 6 · 0⤊ 0⤋
i would ask your ex if she cares first just to be safe.
2007-02-04 11:30:06 · answer #8 · answered by momo! 3 · 0⤊ 0⤋