I have full legal custody and physical placement. dad has visitation every other weekend from after school Friday til Monday morning. have to summer and split holidays. dad has a Child Protective service case against him for endangering the welfare of our daughter, has wed dinner visits but has canceled almost every Wednesday exept for maybe 4 times. I have emailed of cancelations.and during these couple of months since order has been in place dad did not have job yet never called to see her or even call her. I will be getting married within the month and my husband owns own company and is financially stable. I would be a stay at home mom. my daughter wold be enrolled into a private school. im also willing to keep to visitation with slight changes made due to distance. still would see dad.
A relocation requires a showing that the move is in the child's best interests. The part about the new husband having his own business and has stable income helps but you must overcome the biological dad's right to see his child and that part is tough. This is typically done by giving more time to the father.
In your fact pattern, your move is apparently not to another state but rather in the same state 'four hours away'. I do not believe you need a relocation hearing because your duty to provide visitation is still in full force and effect. You must have the child at the exchange point for the father to pick up and be with his child. Nonetheless, the typical move such as yours requires a relocation hearing.
If you want to modify the visitation order based upon your relocation then you will need to demonstrate that the move is in the child best interest. if you do not want to modify the visitation schedule, then you do not need the permission of the court.
I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship
Generally, the father can't "deny" you the move if you don't change the visitation schedule. That said, if currently dad 30 to 60 minutes in travel related to exercising his visitation and the move would require him to spend 4 to 8 times that amount of time, you can be pretty sure he will file a petition with the court to change the visitation to a schedule that is more convenient. A more convenient schedule may require YOU to do the majority of the transporting. Good luck!
All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
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