Can I take my daughter to NY with me...

[Whalen]

my name is david use to live in pa but now in ny. i got custody of my 7 year old daughter since she was born. her mom also lives in upstate ny. she is fighting for me not to take her to ny with me. i filled for relocation the mother agreed with me on the phone. then we went to medisation and she is fighting for custody now. so they tell me i cant take her to ny with me where i now live cause she is fighting at the moment i got her with my mother (daughters grandma). is there anything i can do to get here or do i got any rights to take her with me. the mother lives from my new location as far as she would be from the old one (about 5 hours). the only reason i believe my ex is fighting is because its easier for my ex's grandparents (which is the childs great grandparents) to pick up my daughter. please help me everyone keeps giving me the ring around.

 

[LegalBeagle]

my name is david use to live in pa but now in ny. i got custody of my 7 year old daughter since she was born. her mom also lives in upstate ny. she is fighting for me not to take her to ny with me. i filled for relocation the mother agreed with me on the phone. then we went to medisation and she is fighting for custody now. so they tell me i cant take her to ny with me where i now live cause she is fighting at the moment i got her with my mother (daughters grandma). is there anything i can do to get here or do i got any rights to take her with me. the mother lives from my new location as far as she would be from the old one (about 5 hours). the only reason i believe my ex is fighting is because its easier for my ex's grandparents (which is the childs great grandparents) to pick up my daughter. please help me everyone keeps giving me the ring around.

So you got custody of the child but left her in PA while you moved to NY??? The child is currently living with your mother in PA???

If the mother has filed for custody then you will not be able to take the child from PA. Furthermore, all things being equal, if you do not live with the child then the mother has a good chance at gaining custody.

 

[Whalen]

I understand that part but...

I do understand your respond but the thing is that my daughter's mother has a neglect charge in ny she has been drinking (toxicated not just drinking) while having the child which put her in danger, also done drugs, hasnt paid child support, she also got a history of mental problems and also my ex's father is known for child molesting. I am moving to ny but havent exactly moved yet looking for a good job to see if i can move my mother is watching just as if i would hire a babysitter. my ex's lawyer asked my daughter who she wanted to live with and my daughter told her with me and she asked her why and my daughter replied cause i feel safe with my dad. we got visitation arrangments now that her mom gets here every second week. Okay my question is:
1. Do i have to ask for permission if i want to take her here for a visit, even if my daughtr will be back in time for her next visitation with her mom.
2. what do you think my chances in keeping custody is?
(I do go to pa and see her every other weekened when she is home with my mom and not seeing her mom)

 

[LegalBeagle]

Re: I understand that part but...

I do understand your respond but the thing is that my daughter's mother has a neglect charge in ny she has been drinking (toxicated not just drinking) while having the child which put her in danger, also done drugs, hasnt paid child support, she also got a history of mental problems and also my ex's father is known for child molesting. I am moving to ny but havent exactly moved yet looking for a good job to see if i can move my mother is watching just as if i would hire a babysitter. my ex's lawyer asked my daughter who she wanted to live with and my daughter told her with me and she asked her why and my daughter replied cause i feel safe with my dad. we got visitation arrangments now that her mom gets here every second week. Okay my question is:
1. Do i have to ask for permission if i want to take her here for a visit, even if my daughtr will be back in time for her next visitation with her mom.
2. what do you think my chances in keeping custody is?
(I do go to pa and see her every other weekened when she is home with my mom and not seeing her mom)

1. No
2. Normally I would say excellent.. but, and this was the point in my first response, it seems that just like her mother, you are also only seeing the child every other weekend. The fact that you are not putting your child first will be looked at by the courts. The child has already 'lost' her mother and now you also are away.