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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23455
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My sister lives in Nevada, her exhusband lives in

Customer Question

My sister lives in Nevada, her exhusband lives in California. She wants to move to New York (where I am so I can help take care of her and my nephew). The father of the child does not want to agree on the move. They have joint custady but the child lives in Nevada with my sister. He sees the kid twice a year. Not sure if it matters but there has already been twice when he did not follow court orders to come get his son when it was time for his visitation. They have been divorced less than a year.
Submitted: 7 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 7 months ago.

Good evening. I certainly understand the situation and your concern. If there is joint custody, then she would need to file a motion with the court and get permission from the Judge to relocate. Based upon what you shared above, I am inclined to believe the Judge will grant it. I say this because if the father only sees the child twice a year, he can still exercise those rights and the child could fly to California to see him or he can go to NY, to see the child. It would be one thing if he saw the child every other weekend or lived in the State but here, he only sees the kid twice a year, so if it is in the best interest of the child to relocate, which your sister needs to show, then the Judge will grant it.

Expert:  FamilyAnswer replied 7 months ago.

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