Two recently separated New York parents obtained a child custody and visitation agreement. According to an October 18, 2016, New York Law Journal article, the father wished to modify this agreement. In the agreement, the two parents agreed to reside within fifteen miles of each other to benefit their child.

The father sought to change this residency provision. Since the two parents signed the agreement, the man fathered a child with a girlfriend. It is presumed that this couple will get married soon. The father would like to move beyond fifteen miles of the residence of the mother of his first child. The separation agreement signed by the court prohibits this, but he claimed that this change was “unanticipated,” and that it should be allowed because the change would not result in any unanticipated financial hardships. He claimed it would barely even change how long it would take either parent to bring the child to kindergarten. He wanted to move so that he could move in with his new girlfriend.

The court recently ruled that the father’s move was his choice. The father did not have to move. He did not have to move because of a job transfer; he was simply moving because of a relationship he entered into of his own free will. He could live with his girlfriend within the 15-mile radius without financial hardship, so the judge denied the father’s request to overturn the original court order.

If you are considering divorce or have a court in family court, then it is important to understand the implications of your life choices. Speak to a qualified lawyer before making any decisions, before signing any papers. Jayson Lutzky has represented many highly satisfied clients of the past 33+ years. Call 718-514-6619 to set up a free in-office consultation. You may also reach Mr. Lutzky’s office online at