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)
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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