Q: can your wife take your children and establish residency in another state if you do not want your kids to live there?
What recourse do you have to ensure you still have access to your children?
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- New York
- (716) 824-5353
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- Answered
A: Dependent on the state. In New York the case of Tropea v Tropea requires judicial intervention The standard for relocation is the “ best interests of the child”’ She cannot remove the child on a whim. Like she wants to go to Florida because she wants to enjoy sunshine. There must be a substantive reason. The court will provide an access schedule if it grants the right to leave the state. Get a reputable experienced Family Lawyer who is familiar with Relocation issues You should sue for change of custody because of the denial of visitation because of the impossibility of maintaining the currant ordered access schedule.
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- New York
- (718) 745-3600
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- Answered
A:
We the people enjoy a fundamental right to travel. That is a liberty interest established by Supreme Court caselaw. The wife can go anywhere she wants with or without the children.
The exception is that once there is a custody order entered by a court, then the mother must seek a court's permission to relocate to another jurisdiction. Our nation's family court system provides custody orders that are obtainable by simply filing and serving a custody petition.
The asker should never attempt to engage a court without legal counsel. Once properly filed and served, the results could be satisfying for the asker.
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