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What are the specific laws for sole custody and relocating for NY state? Any tips would be helpful.

Towanda, PA |

I have to go pro se in my custody battle for my daughter. My ex wife currently was awarded sole custody not by anything I did horribly wrong. I didnt have adequate accommadations at my old place and the mother alienated me from my daughter by not showing for exchanges and though the court didnt believe me and my ex said I was to blame for not seeing my daughter.Now at present after fighting to see my daughter for a few years I am taking her to court to modify custody. I live in PA mother used to live in NY with child about 40 mins from me. Without my knowledge or the knowledge of the court she took off to TX. Is she really aloud to do that according to NY law? I can't find specific statutes stating yes or no.The area she moved to is severely unsafe! I miss my daughter please help.

Thank you unfortunately I have been unable to get a lawyer to help because "the matter is already in process" or they want a huge retainer. The court in NY where my child is actually supposed to be living has ruled to keep jurisdiction. They will not let me file a change of venue. I am going to keep fighting to see my daughter. I know there must be things I can do to help my case. Just one more thing I wanted to add is the current custody is mother has sole custody with visitation with the father as agreed upon by the parties. I did once before try to get a set visitation order thats when they gave her custody.

Attorney Answers 1

Posted

First, this is a serious matter and your pro se attempts thus far have probably not given you the best chance of success. You should consider working with an attorney under a flat-fee arrangement or who will offer a payment plan if you can afford one. It is possible that you might qualify for pro bono legal assistance, but those organizations have strict financial requirements and are generally overworked and understaffed due to budgetary cutbacks. However, you should seek counsel of some kind going forward.

Next, this appears to be a PA case, not a NY case, but without seeing the actual orders in effect and knowing all of the facts, I cannot be certain.

For general information, and assuming this is a PA case for jurisdictional purposes, you should know that the "new" custody statute put into effect over a year ago has specific provisions for physical custody as well as relocation. There are several factors that a court will apply to the case to determine an award of custody in the child's best interests. You need to provide testimony and evidence in favor of your argument why sole custody is no longer appropriate and why the mother's move to TX should be prohibited.

This is not a simple case and again, I urge you to seek counsel. I am sorry it has resulted in a separation from your daughter, but I hope that your future court proceedings help rectify the situation.

Good luck,
Chris
PS: Please mark this as a best answer if it is most helpful to you.

The Law Office of Christopher Barrett Fay, 1325 Spruce St., Philadelphia, PA 19107, chris@cfaylaw.com, (267) 519-2719, www.cfaylaw.com. LEGAL DISCLAIMER: The law changes frequently, and the material on this website is for general information purposes only and neither constitutes nor is intended to be legal advice. You should not act based upon this general information nor without seeking legal counsel regarding your specific legal matter. The outcome of every case is dependent on the specific facts and legal circumstances of each individual case. Any client reviews or attorney endorsements posted on this website are solely the opinion of that person and should not be construed as representative of the results you might expect to receive in your specific legal matter. No one can offer a review or endorsement concerning the type or quality of legal work they received in relation to the type or quality of legal work that might be done for you if you become a client of this office. This website is not advertising. This website is not an offer to represent you, which can only be made after a consultation with one of our attorneys. This website and its feature to contact us do not create an attorney-client relationship between you and The Law Office of Christopher Barrett Fay or any of its attorneys. The Law Office of Christopher Barrett Fay practices law only in the states of Pennsylvania and New Jersey. The Law Office of Christopher Barrett Fay does not intend to practice in any other jurisdictions where it is not licensed. The firm does not seek to represent anyone viewing this website in other jurisdictions, and the website may not comply with the laws and ethical rules of states other than Pennsylvania and New Jersey. Pursuant to the requirements of U.S. Treasury Regulation Circular 230, any tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used to avoid penalties imposed under the United States Internal Revenue Code or to promote, market or recommend to another person any tax-related matter.

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Thank you unfortunately I have been unable to get a lawyer to help because "the matter is already in process" or they want a huge retainer. The court in NY where my child is actually supposed to be living has ruled to keep jurisdiction. They will not let me file a change of venue. I am going to keep fighting to see my daughter. I know there must be things I can do to help my case.

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