Tuesday, April 2, 2013

I am moving out of state from NY to FL... My daughters father is opposing.

Q:  We were never married and he sees her once sometimes twice a month, we do have an agreement of money he gives me 175 biweekly. Will i be able to move? What can he do to stop me from moving? will the court give us joint custody? I don't want to leave my child behind. And FYI she is 2 yrs old.

A:  David's Answer:  Whether the father will be able to prvent the move depends on a wide range of factors, most importantly being your reason for moving. If your reason for moving is something to the akin of "getting a fresh start," then it's unlikely the relocation will be approved. That said, along with a custody application, I'd highly advise to file a child support petition as well as you're not only entitled to 17% of his adjusted gross income, but also his share of child care, unreimbursed medical & education expenses (the latter of which are "add-ons" to the 17%).   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

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