Sunday, January 26, 2014

If my relocation is granted with my children and the father files a stay, can I still relocate and how long can he hold us up?

Q:  I have 4 children, two sons with the man Im in court with. I am trying to relocate and proposed visitation will allow for him to spend more time over all with our sons but visits will not be as frequent. I have agreed to pay for transportation costs promote/ensure daily communications. My daughters father resides in the state Iam moving to where there are better resources and quality of life for all involved. Not to mention I suffer from a disease that is aggravated by extended cold weather, so moving to a warmer climate would be beneficial as per my physician. I have submitted the names/info of my physicians so that my medical documents may be requested. I have researched this ares homes, schools, doctors, resources, etc.

A:  David's Answer:  If the court has entered a "stay" - meaning you cannot move without further order of the court, then you cannot move. If you do, you risk being held in contempt (& possibly jailed for up to 6 months), or the Judge switching custody, or the Judge ordering you to move back at your expense. Please see my reply to your other posting. -- David Bliven, Bronx Child Custody attorney (

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