Q: Ok so I live in nyc and have been separated from my child’s father for a few years now. We have a custody and visitation order on file. It’s joint with almost equal visiting time ( me having 4 him having 3) He also has a child support order and hardly ever pays it. Like IRS took his refund and gave to me for the past two years cause he never pays it. I’ve never mentioned it and never withheld our daughter. But him not putting up his share makes it hard for me to provide. Recently I was offered a job in Georgia with a better salary. I’ve done my homework I’ve looked at schools the quality of life and housing down there and I can provide for her without needing the child support. I know this is going to go to court. What are my chances? How can I argue this? Should I just get a lawyer?
A: Generally courts frown upon relocations as they necessarily affect the visitation rights of the noncustodial parent. If you’re looking to proceed, make sure to do so in conjunction with a child support cases to both enforce the arrears & ask for an increase (that way, perhaps you can cut him a deal on support if he’ll agree to the relocation). Also, checkout my Legal Guide on Relocation: https://www.avvo.com/legal-guides/ugc/what-factors-are-consider-in-a-custody-relocation-case-. Schedule a consult with a Bronx Family Law attorney for a full assessment.