NY relocation custody modification & 2 fit parents

[stayinny]

Background:

Ex / CP is trying to relocate with DD (11 years old) from NY across the country.  I have joint legal, but I'm NCP and I've filed custody modification to keep her here.  We did forensics and evaluator was against the move.  GAL is also against the move.  The primary reason for the move is financial.  BM's new husband was offered a lucrative job offer by BM's brother in law.  Trial begins next month

Here are my Q:

1- I have a new baby with my wife.  DD is very close to her half-sister. How strongly will the courts value that relationship?  

2.a. - We have evidence from a PI that BM's new husband has been lying substantially about his income.  And that BM has lied substantially about her income in CS hearings as well as to the evaluator, GAL, and on the papers for relocation.  Would this information be enough to consider this a bad faith move?

2.b.  - If the courts consider this a bad faith move, and we have evidence that she has violated the joint legal custody order by not putting my name on emergency card at school, enrolling DD in a school without my consent, scheduling activities on my time with DD, and not paid DD's insurance for one year, for example, would the courts recognize this as a further attempt to willfully intervene with my relationship with my daughter and transfer custody over to me?

2.c.  - Ultimately, we are trying to make the case that between 2 fit parents in NY, custody should go to the parent that will foster the relationship between the other parent.  We have suggested parenting plans for physical custody that are really generous to us both.  Would the courts consider this in their decision?  Especially since historically, BM's "parenting plan" has been rigid and inflexible consistently.

Please advise.

Thanks. :-)

[socrateaser]

>1- I have a new baby with my wife.  DD is very close to her
>half-sister. How strongly will the courts value that
>relationship?  

If you can prove the quality of the relationship in court, that might carry some weight, but I doubt that you can do this to the court's satisfaction.

>
>2.a. - We have evidence from a PI that BM's new husband has
>been lying substantially about his income.  And that BM has
>lied substantially about her income in CS hearings as well as
>to the evaluator, GAL, and on the papers for relocation.
>Would this information be enough to consider this a bad faith
>move?

It would disprove the main reason for the move, and that would be enough. Question is, even with the misrepresentation, is there a substantial increase in income to the custodial family?

>
>2.b.  - If the courts consider this a bad faith move, and we
>have evidence that she has violated the joint legal custody
>order by not putting my name on emergency card at school,
>enrolling DD in a school without my consent, scheduling
>activities on my time with DD, and not paid DD's insurance for
>one year, for example, would the courts recognize this as a
>further attempt to willfully intervene with my relationship
>with my daughter and transfer custody over to me?

Small potatoes.

>
>2.c.  - Ultimately, we are trying to make the case that
>between 2 fit parents in NY, custody should go to the parent
>that will foster the relationship between the other parent.
>We have suggested parenting plans for physical custody that
>are really generous to us both.  Would the courts consider
>this in their decision?  Especially since historically, BM's
>"parenting plan" has been rigid and inflexible consistently.

I don't know the factors applicable to a NY move away case. As a contrary example, however, in CA, the custodial parent doesn't need the court's permission to move, and it's up to the NCP to demonstrate that it's not in the child's interest.

So, you could be swimming upstream already. What does your attorney say about the burden of proof?