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 (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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