Q: im moving out of state to be with my family. I have a court order in place where I have sole custody of my daughter and he has some visitation for every other weekend which he doesn't follow through with. I told him 3 months ago of me planning on moving and he never wanted to speak about it. I sent him a letter with a parenting plan where he will get her for the summer and alternate holidays for a week at a time. He has yet to respond. Whats the worst that can happen if i leave. He is not a good talker. I gave him the address where I will live and everything. He barely does anything at all with my daughter.
A: David's Answer: The worst that can happen is that he files a petition in court & the Judge orders you to return the child to the state at your expense. Indeed, the Judge may even consider this as a factor against you in deciding whether to switch custody of the child to the father. I'd strongly advise against moving without court permission, especially not without sitting down with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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