Saturday, May 17, 2014

My ex lives in FL and I live in NY as per an agreed legal parenting plan established in divorce. He is claiming to be moving

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 (

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