Sunday, August 3, 2014

Ex is relocating with our daughter to NC and was unaware. Went to court and going to trial. What to prove to stop relocation?

Q: Joint legal custody with my daughter. Ex remarried and had a son and now feel that they should get a fresh start in another place, North Carolina. Not knowing, a recent trip I took to Peru for 3 weeks, when I got back, a day later, my ex and daughter revealed that they were going to NC permanently. I said yes, but later that night changed my mind to collect my thoughts and thought this would not be in the best interest of my daughter since she was doing well in her school and has her friends and family here in NY.

A: David's Answer: To fully assess the case, one would need to know many more facts. How old is the child? Is her preference genuine, or influenced by the custodial parent? Why do they feel they need a "fresh start?" What has your level of access been with the child? How involved are you with the other activities (school, medical, extracurricular, etc.) the child has? Have you been compliant with child support? Is there a feasible plan offered whereby you can maintain a similar level of access to the child even with the move? You're best advised to schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney ( 

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