Moving out of the Country

[mom101love]

What is the name of your state? New York

I have sole custody of my six year old daughter....Her biological father has visitation but does not utilize it regularly. My fiance' and father of my second child has been offered a job in the Bahamas...... What do I have to do to leave the country and take my daughter with me?

 

[krispenstpeter]

You need to go back to court and have the custody order amended. But, don't hold your breath if the father objects. By moving you will affect his visitation (whether or not he uses it) and will probably get hammered for the TOTAL costs of visitation transportation.

That is, IF the court allows the move.

 

[mom101love]

Can teh courts really deny me the ability to move....even if it is better for the family unit. If I go to court about this hsould I hire a lawyer, I have usually done it all on my own?

 

[luckymom]

I recently moved to another state and it was quite a battle. Ex had already moved 300miles away in state before my attempt to move, so in the end judge allowed me to move and ordered the travel costs split between us. Some of the things that came into play were:

1. reasons for my move (new job)
2. how move would effect the child
3. impact of new travel arrangments on the child (long flights that involve changing planes are frowned upon)
4. how involved dad was in child's life (not much) and how move would impact the existin visitation arrangment (not at all)

I would imagine out of country move would be more difficult. I wouldn't do this without a lawyer.

 

[mom101love]

It is a tricky situation to be able to explain all of this to a judge. I would appreciate any help/suggestions I can get. My fiance' was offered this job, but because of the way the Bahama government works, for a while I would not be able to work...No VISA's available at this time. So I don't have a job waiting for me per say. Although one will open up when the resort is finished being built. As far as, how it would affect the child, how can that be determined. Like I mentioned she is a six year old. I have discussed this with her and she has said that she would try it for a year and we agreed if it's not what she wants to keep doing we would discuss coming back home.
Do you know if the courts would consider visitation being held with me... where he would need to travel to us instead of vice versa.... The way the visitation reads now it is supervised, I could enforce that strongly, if I needed to.
Involvement, well that is a joke. He calls when he feels like it and that is it...I have phone records of incoming and outgoing calls from/to him since last October and he has disappeared 2 times with anywhere from 6 to 11 month intervals (since she was 3). When I was awarded sole custody he walked into court (which I was surprised he showed up at all) and told the judge "I am a rotten father and agree to award her (me) anything she sees fit" Do they take things like that into consideration when making a decision?

 

[krispenstpeter]

Can teh courts really deny me the ability to move....

Of course not. But they CAN deny you the right to take the child.

Do as I said or suffer the consequences. And they will be anything from paying for the visitation transportation to jail for parental kidnapping and/or contempt of a court order. (visitation)

 

[VeronicaGia]

Yep, and every time he takes you back to court, you will have to come back to NY or hire an attorney in NY to represent you.