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Will this seal the deal for me in terms of obtaining custody of my 8 year old son?

Brooklyn, NY |

Hi -

I currently have a custody relocation case going on in court - the judge had yet to approve the mother's motion for relocation from NY to FL. She recently announced in court that she has moved to FL without the court's permission citing thatt she had to take the job (supposedly) as a pediatrician. she did this without my knowledge and placed my son under the care of her mother whom has failing health issues per her petition - basically my right as a father to retain custody of the child in the mother's long-term absence.

Additional points - Mother has not informed me on where she plans to live nor where my son will attend school if she permitted to move. - Has not provided report cards to me. Didn't include my name in my son's school. -Allowed my son to sleep in between her and three of her boyfriends.

Attorney Answers 4


  1. Best answer

    If the mother already moved and left the child behind and in the care of the grandmother, you should get custody of the child pending the outcome of the hearing. The fact that she placed the child temporarily in the grandmothers care rather than yours is certainly a factor the court will consider when making a decision. If she puts the child in the grandmothers care instead of yours, what can you expect if the child is allowed to move with mom? Keep in mind that the mother doesn't need permission to move, but she does need the courts permission to relocate the child. Review my contributions for relocation factors.


  2. No one can say for certain if it will seal the deal but it is certainly a factor. The court should look at numerous issues before making a final decision. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.


  3. I agree. There are many factors to custody that lead to the best interest of the child. This is certainly something you need to call to the court's attention.


  4. Sounds compelling and you should have a good lawyer to seal the deal. I could give you some good referrals if you're in Kings Family Court.

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