QUESTION

How difficult is it to petition to relocate when the father has not exercised his visitation rights.

Asked on May 30th, 2014 on Family Law - New York
More details to this question:
I have two kids in the state of ny. I am divorced. My ex husband is mentally ill and went to court last July to say he wished to not exercise his visitation rights. He hasn't spoken to or seen the girls in 10 months. My kids are very scared of him and are in counseling because of some emotional abuse that resulted from their visitation with him. I have been presented a great opportunity to relocate out of state for a job. My current husband (the girls step father) would love to adopt the girls but, knows their father won't willingly allow that. Will I be able to relocate? My kids are scared that he will ask for extended visitation to get back at me for leaving. Would a judge allow the move and allow extended visitation if he has not exercised any visitation or phone calls in almost a year. What do you think the outcome would be in family court? Thank you for your time.
Report Abuse

1 ANSWER

Divorce Attorney serving Chappaqua, NY at Browde Law, P.C.
Update Your Profile
It there is  no visitation occuring it will be difficult for him to argue that moving is not in the best interest of the children.
Answered on May 31st, 2014 at 5:43 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters