NY State - issues - moving out of state with child?

[RangerFan52]

New York State - Fiance and I may need to move out of state for a lucrative job offer. Her ex currently has visitation with their child every other weekend. There is nothing in the current papers keeping her from going out of state - but we would like to be upfront and petition the court to prevent any issues arising later. We plan on getting married prior to the move if that will be viewed as a "more stable" situation. Anyone have any experience with this?

 

[snostar]

Anyone have any experience with this?

Yes, and you MUST request permission from the court to relocate. As long as the NCP has had contact and/or visitation (even if it is limited) you will not likely get permisssion from the court based soley on economic betterment. The move would have to be a financial necessity to support the child.

 

[BL]

I have been involved in the other Party moving out of state w/ Joint Custody & Visitations , against a Court Order.

Ours Specifically Stated , Neither Party is to remove the Child(ren) without the written Permission of the other ,except for vacations .

You appear to be Stating there is no said Order of removal .

That does not mean that you can remove the children and interfere with the Visitation rights .

You would be taking a BIG chance of being found in Civil Contempt , if you did not get the Father's written permission ( Not just saying so , but for a Fact in hand ) to relocate .

It would be far better to go back to Court and see what you can " Agree to " , and submit it to the Judge to enter it into record as stipulations by both Parties .

 

[snostar]

I have been involved in the other Party moving out of state w/ Joint Custody & Visitations , against a Court Order.

Ours Specifically Stated , Neither Party is to remove the Child(ren) without the written Permission of the other ,except for vacations .

In my case relocation was addressed in the court order (agreed stipulation) it stated: If either party relocates more than 50 miles from their current residence they will be responsible for additional travel. So, my ex figured he could move anywhere. The law is clear that relocation clauses contained in Stipulations are but one factor for the Court to consider, and are not dispositive in any way (Rheingold v. Rheingold). So, even if relocation was address it is definitely possible the move will be denied.

Also RangerFan, I found referrences for my previous post. In cases where promotional opportunities afford only economic betterment, relocation is not warranted (Lavelle v. Freeman , supra; Hathaway v. Hathaway). In the absence of economic necessity a custodial parent will not be permitted to relocate with child to a distant locale (Skeval v. Skeval, citing to, Mattter of Atkinson v. Atkinson).

 

[nextwife]

And, while it is not clear in the post, it sounds as though the lucrative job offer is not even to the CP, but a third party.

 

[stealth2]

but we would like to be upfront and petition the court to prevent any issues arising later.

And again (with feeling, even) - there is no "we" to petition the court. Only your fiancee or her ex can do that.