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Q: I have three children, two are special needs, father has not seen them almost a year, i had a restraining order and ended that by telling the judge you can see the children but doesn’t have to see me. I speak with his mother and that is how I plan the visits. But they stopped communicating. I live in nyc, he lives in PA, no custody by court. Also unwed. Florida has better temp for my two special needs and programs that sounds great, schools are good and better environment for all three.
A: While the odds seem to be in your favor to win (based on the facts you’ve presented), you nevertheless should file a petition seeking both custody & relocation. This way, you don’t run the risk of moving, having him object & then facing the possibility a Judge may order you to return the kids to NYS. Schedule a consult with a Bronx Child Custody attorney for a full assessment.