New York Family Law Blog
A mother had filed an appeal against an order that disallows her to move to Texas with her two children. The mother had two sons with the father. They were born three years apart, said a New York Family Lawyer. Almost five years after the youngest was born, the parents divoced. In the final judgment for the dissolution of marriage, the court had them share parental responsibility. The custody of the children was given to the mother, with the father getting liberal visitation. The decision specifically said that the visitation is at least one night in a week plus every other weekend. A restriction on the relocation of the mother and the children was not provided in the decision.
The mother and her new husband lives in Texas with his son. They met when he was assigned in their area for an extended period. About a year and three months after the dissolution of the marriage was finalized, the mother filed a petition to change the visitation provisions because she will be marrying her new husband, and they would be moving to Texas. The father filed a case with the court asking for an injunctive relief. A Nassau County Family Lawyer said this was to prevent the mother from moving the children to Texas. It was granted by the court.
A final hearing was done in November 2004 where the new husband, the mother and the father testified. The new husband said he was a right-of-way agent for the oil and gas industry. According to him, he earns about $70,000 to $90,000 per year, his line of work though is not open in the current State. The mother’s testimony mentioned the benefits of moving the children to the smaller community of Ponder, Texas. She said her new husband has a new 3000-square-foot home and that there was a public school nearby. According to a Nassau County Child Support Lawyer, the mother testified she was currently earning $58,000 per year, and can be promoted in her current employment. Once they move, she planned to be a stay at home mother, but if necessary, she could find a comparable employment in Texas. Although she does not have family in Texas, they are just two and a half hours away in Oklahoma. The father said he works nights, from eleven in the evening to half past seven in the morning. According to him, if he missed any scheduled visitation, it was because of work. Their normal activity of boating, fishing, bowling and other recreational stuff often include the children’s paternal grandparent, aunts, uncles and cousins.
A Nassau County Order of Protection Lawyer said that the court ruled the proposed visitation schedule to be adequate, but they did not see the move as for the best interest of the children. The Trial Court denied the mother’s motion. The mother appealed against the decision. The review of the Court of Appeals said, the mother was able to show improvement on her life as well as her husband’s, but was not able to prove the relocation to be beneficial to the children. From what the law says, the priority is the best interest of the children.
It is not always that the court prevents a parent from moving out State with their children. If they are able to prove it is advantageous to the children, the request will be granted. The child’s welfare is always the priority.
If you are trying to make sure your child’s best interest is upheld, or you want to have an opportunity to start a new family with your children, there are options. Stephen Bilkis and Associates have the skill to guide you through the proceedings. We have offices all over New York and Long Island. For legal assistance and free consultation, call us at 1-800-NY-NY-LAW.