Q: How far can I move without the father’s or court’s permission in New York? I want to move far before filing for custody.
I’m currently living in Long Island and my sons father is a drug addict and relapsed after 8.5 years clean. He wants me to move out and stay local so he can have a relationship with our son. I have other plans. I want to move as far as legally possible (specifically Staten Island where I will have a long time friend close by for support because here in Long Island I have no one but his family) before filing for custody and child support. Then I ultimately want to try to move to Florida to be close to my brother because I can not afford to live in New York, I have multiple sclerosis and several other medical conditions that I need help with, and my son will have cousins his age to grow with- specifically his twin male cousins that are only 2 months older than him which I feel will help with his development and growth). So... how far can I move within NY before taking him to court and what are my chances of getting to Florida? He’s a 20 year addict and has a long criminal record.
A: That is a complicated issue. I would suggest you read the NY Court of Appeals case Tropea for guidance.
A: I would suggest that you file for custody ASAP with a request to relocate to Fl. based upon your illness and the support you will have there. I also strongly suggest that you sit down with an experience attorney ASAP and discuss all of the facts of the case to get a better idea of how to proceed.
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