Q: I live with my parents and I'm not married to my sons dad. However I am going to have to move with to upstate ny. I live in Westchester county but moving around oneonta. I can't afford to live on my own and my parents are helping me with my son. Will I have a problem moving since the sons dad lives in Westchester county
A: David's Answer: I respectfully disagree with the strategy of "move first & see what happens." I have a case pending in court right now where the mother did just that - moved from Westchester to Buffalo with her children. She didn't have a prior order nor did she have the father's permission. At this point, it appears likely the Judge will order her to move back - at her expense - with the children, or give up custody of the children. As such, I highly advise if there are no prior order to file both a child custody & child support petition. -- David Bliven, Westchester Child Custody attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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