Sole Custody

[musze007]

New York State
city of Albany

What are some of the requirenments for a mother to obtain sole custody of children? kids do not want to be with father and father has also refused to take care of children financially. father has filed for custody to prevent mother from moving to another state with children.

i understand a father has rights but my question still stands. what would convince a judge to allow mother to have sole custody of children and move to another state?

 

[Isis1]

New York State
city of Albany

What are some of the requirenments for a mother to obtain sole custody of children? kids do not want to be with father and father has also refused to take care of children financially. father has filed for custody to prevent mother from moving to another state with children.

i understand a father has rights but my question still stands. what would convince a judge to allow mother to have sole custody of children and move to another state?

the father's permission.

or

a really good long distance parenting plan that allows plenty of parenting time for dad with mom paying all the transportation. such as ALL long weekend holidays from school, almost all the spring, and winter vacations, and probaby 90% of summer. court ordered webcam visits

 

[Proserpina]

New York State
city of Albany

What are some of the requirenments for a mother to obtain sole custody of children? kids do not want to be with father and father has also refused to take care of children financially. father has filed for custody to prevent mother from moving to another state with children.

i understand a father has rights but my question still stands. what would convince a judge to allow mother to have sole custody of children and move to another state?

Sole custody is very rarely ordered these days.

Is there an order for child support?

Why does Mom think it's in their best interests to move away from Dad? Why are the kids even involved in the matter?

 

[BL]

Custody/Visitations are usually separate issues.

If Dad has filed with the court to keep the child in NY , you'll have to show why it's in the best interest of the child to relocate with you , and make you can provide transportation to visitations , and either enter an agreement into record ,or let the court decide .

FYI:

Different types of Custody .

New York custody and visitation Lawyers | New York Fathers? Rights Attorneys



Quote:
Physical Custody
Parent has the right to have child live with them instead of the other parent; an ample visitation schedule may be set up for the other parent.

Legal Custody
The legal right to make decisions about the child’s upbringing.


Quote:
Sole Physical Custody
May be awarded to one parent if the other parent is deemed unfit (such as drug issues or alcoholism), and the unfit parent will most likely only receive supervised visitation rights at this time

.

Sole Legal Custody
Given to the parent that the child primarily lives with, when the other parent is abusive or will not communicate important matters in regards to the child. Other parent will most likely receive either supervised or unsupervised visitation depending on the nature of their actions.

Joint Physical Custody
Also known as shared custody, it allows for time with the child to be split between both parents. Visitation does not apply when joint physical custody is awarded.

Joint Legal Custody
Both parents equally share the decision making regarding child’s upbringing (education, medical etc.)This is typically awarded with joint physical custody and visitation does not typically apply.

 

[ecmst12]

Mom could get the court's permission to move without having sole custody. Father would still have the right to make decisions about the child even if mom had primary physical custody, dad still gets joint LEGAL custody and plenty of visitation.

 

[dannyt]

kids still have to see dad

New York State
city of Albany

What are some of the requirenments for a mother to obtain sole custody of children? kids do not want to be with father and father has also refused to take care of children financially. father has filed for custody to prevent mother from moving to another state with children.

i understand a father has rights but my question still stands. what would convince a judge to allow mother to have sole custody of children and move to another state?

even if you do get to move, dad would still get vistitation, and the kids would still have to go, wether they want to or not-or they could eventually end up living with dad and visiting you. untill theyre 18, the kids have no say wether or not they see dad.