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Father Allowed to Relocate with His Child

father's rights lawyersIn a recent case before the Appellate Division (an appeals court) in the Third Department, a father, Michael Weber, had sole custody of his child. The mother, Corey Weber, had supervised visitation. The father brought an application to relocate to Illinois. The court granted his application. He had to pay the cost of transporting the child to New York for visitation.

The court, in its decision, took into consideration that this would create a significant distance between the child and the mother and the mother’s extended family. However, in Illinois resided the paternal grandmother and the aunt of the child.

 In this case, the mother had suffered from a “generalized anxiety disorder” and alcohol abuse. This is the reason why the mother only had supervised visitation. Part of the reason for the move was the father had a new position and a reasonable salary that involved employment stability. The court also took into consideration the fact that the father’s extended family lived in the Illinois area.

Appeals Court Affirms Lower Court’s Decision

The Appeals Court affirmed the lower court’s decision to allow the father to relocate. The court’s decision indicated that the move was within the child’s best interest.relocation assistance for fathers

About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 30 years representing individuals in matrimonial and family law cases.