QUESTION
What do I have to do to move out of state with my children, if I am not with their father?
Asked on Aug 18th, 2014 on Family Law - New York
More details to this question:
I have a 5 year old whose father is on his Birth Certificate and a 3 month old with the same father but not on her BC. Their father has been in out of their lives since my son was born he comes around then disappears for months at a time, does not give me a dime for child support, he does buy things for the kids here and there when he decides to be around. I do not feel comfortable with him seeing my kids unsupervised, he is an active blood gang member, convicted felon (drug sell), has lost custody of his 2 year old with a different woman and currently has a third woman pregnant. I want to move out of state with my kids, we have never been to court, but I am afraid he will try to say I kidnapped the kids or something crazy like that. What can I do to be able to leave the state with my kids without having to worry about what he can do to us? p.s. my son is terrified of him and screams and cries anytime he knows he has to spend time with him.
1 ANSWER
Hi
there are a number of things you may be able to do becaquse of the father's lack of involvement in the children's lives, his failure to support, etc. You could seek to terminate his parental rights which may cause him to try to insinuate himself into the kids' lives again, which you don't want. what i would recommend is that you petition for sole custody of your kids, but you will need to attempt service at his last known address. Once you obtain custody of the kids, you can petition the court for the right to relocate. This is all a time consuming process so, if you want to leave sometime early next year, i would start the process now in Family Court n your county.
Good luck
Answered on Aug 18th, 2014 at 12:55 PM