Q: to NY. Our current parenting plan is established until our child turns 18, what happens to the plan if he goes through with this? Does moving outside of the agreed locations nullify our present plan? What legal rights does he have to our daughter if he breaks this legal agreement?
A: David's Answer: Assuming you have primary residential custody of the child, then arguably the established visitation schedule would need to change if he's now much closer (presumably he could then see the child more). You can simply do an update to your prior agreement (best to do so via a lawyer) & file a custody modification petition in Family Court. Call a Child Custody lawyer in your area for more info. -- David Bliven, Westchester Family Law 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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