Q: I am not trying to take her from him, but his life style is a concern for me and we can’t come to an agreement, so he currently filed a petition for custody at the ny family courts. We haven’t stood in front of a judge or have a court date yet. He is a career felon on parole for 5 yrs. Can I take her to be with my family for the holidays and return? He knows about it and given me verbal ok, but now he has done this.
Also, I am currently unemployed and a stay at home mom. She lives with me and is in my care. I plan on moving back to my hometown 630 miles away soon.
A: David’s Answer: First, if the child’s in your de facto custody & there are no orders to the contrary, then you can travel with the child. If he’s consented anyway, then just send him an e-mail confirming he agreed. If you are planning to relocate, then you’d need to file your own petition for custody & permission to relocate. Schedule a consult with a Bronx Child Custody attorney for a full assessment. – David Bliven, Bronx Child Custody Attorney, (www.Blivenlaw.net)