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Mother’s Relocation to Florida Denied

Mother's Relocation to Florida DeniedA mother had brought a Family Court case seeking to relocate to Florida. She wanted to bring her child with her to Florida. The father had opposed this application. The mother lost her application in the Family Court. She thereafter appealed the denial of allowing her to relocate to Florida.

The Appeals Court Decision

The Appeals Court also denied the mother’s request to relocate and affirmed the prior decision of the Family Court. The Appeals Court took note the record did not show the mother’s plan to relocate was a real plan. The record was insufficient to establish the child’s best interests would be served by allowing the mother and the parties’ child to move to Florida.

The Mother’s Circumstances

The mother was unemployed. She had no family members or extended family in Florida. There was no information as to her having a job in Florida, what town she wished to live in and where the child would go to school. The mother claimed the father would be able to visit the child in Florida. However, the father’s work schedule and personal life were likely to prevent him from having any significant contact with his child if the mother was able to move with the child to Florida. It was also unlikely the child would be able to come back to New York to spend substantial time visiting with the father.

The mother claimed her financial and economic situation would greatly improve if she relocated to Florida. However, she did not show even if she received economic benefit, the parties’ child would benefit from this relocation.

Conclusion

If one parent seeks to relocate and the relocation has a negative impact on the other parent, the relocating parent must present a very detailed case as to how the relocation will benefit the child of the parties.

schlissel-headshotElliot S. Schlissel is a father’s rights lawyer representing fathers in custody, relocation, visitation, support proceedings throughout the Metropolitan New York area. He can be reached for consultation at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.

Moving with the Children after a Divorce Or a Relationship Ends

Moving with the Children after a DivorceLife is not static. Sometimes a custodial parent has to move or relocate. The move or relocation can be related to employment, other relationships or the need for a family support structure to help him or her with the children. Under normal circumstances a relocation can be an aggravating experience. However, custody issues and the impact the relocation will have on the non-residential custodial parent complicate the issues of moving outside the locality where the other parent resides. The custodial parent cannot simply move with the children. This would be a violation of the other parent’s rights to visit with and spend time with the children. So what do you when you are the custodial parent and you need to move?

Changing or Modifying the Visitation Order

If you are the custodial parent and you seek to move, the first step would be to contact the other parent. See if you can work out an amicable arrangement that would be fair to the other parent and mitigate against his or her losing some parenting time with the children You should make the other parent aware you will work with them and you seek to avoid the necessity of litigation regarding this issue.

Court Proceedings

If an amicable arrangement and modification of the existing visitation scheme cannot be worked out, it will be necessary that you bring a court proceeding. If you were married and divorced you can go to either the Family Court and Supreme Court. If you were never married to the other parent, the proceedings can only be brought in the Family Court. In these proceedings you must establish it is in the children’s best interest that you be allowed to relocate.

Contested Relocation Cases

The non-custodial parent will have to be served in these proceedings and he or she can contest the relocation. A presentation will need to be made to the judge to show the relocation is not intentionally having a negative impact on the other parent’s visitation rights and the relocating parent is going to cooperate and extend themselves to help facilitate parenting time with the other parent after the relocation. This court proceeding should be brought before detailed moving plans are made. The reason for this is unless the presentation in court is well presented the judge could render a decision preventing the children from being relocated.

Attorney Elliot Schlissel

Elliot S. Schlissel is a father’s rights attorney with 40 years of experience. He can be contacted at 1-800-344-6431 or at Elliot@sdnylaw.com.

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Elliot Schlissel discusses a case in which a wife was held in contempt for violating a court order.

Mother Relocates to Texas and Seeks to Take Son With Her: Her Application is Denied

Two Parents Fighting Over Child

In a case before Justice James Pagones sitting in a Supreme Court Matrimonial Part in Dutchess County, New York, a mother brought an application to modify a stipulation of settlement which gave the child’s father temporary custody of their son. She sought to relocate the child to Texas. The mother had been a nurse in New York and she had moved to Texas to become a state trooper. Unfortunately, she was turned down for the state trooper’s job in Texas.

Court Refuses to Split up Children

Justice Pagones took the position that by moving to Texas the mother terminated her ability to spend time with the parties’ children. In addition she was no longer capable of attending counseling which had been set forth in the parties’ stipulation of settlement which had been so ordered by the court. In addition, the court found when she left her job as a nurse in New York, moved to Texas and didn’t receive a position as a state trooper she fell behind in her child support payments. She was now almost $50,000 behind in her child support payments. The court also found the mother sought to separate the parties’ children by moving one of them to Texas with her. Her application to the court proposed her daughter stay with the father in New York while the son moved to Texas with her. The court found this was not acceptable. Judge Pagones concluded the mother’s petition did not have supporting evidence that separating the two children would be in their best interest. He also found she was unable to offer a plausible submission of evidence that her daughter’s best interests would be enhanced by the court child support payments, taking her from her father, and moving her to Texas.

The father’s motion to dismiss the mother’s application was denied.

Conclusion

More and more judges are recognizing the valuable, loving relationship fathers have with their children. More and more fathers are having success in enforcing the laws in New York which makes custody decisions gender neutral.