Q: Child's mother considers move to another state. We've never married, or officially established custody. Can she do that?
I am listed on the birth certificate as the father.
We have an informal agreement, with the child spending every other weekend with me. I also take her on vacation trips.
I regularly pay child support, which the mother and I agreed upon.
The child is ten years old.
We live in New York.
A: Yes, she can officially do that, even if you and she have a mutual understanding of anything. As long as a court order is not in place to prevent such moves like out of state or borough or city, a parent or both parents can move with the child with or without consent. It is up to the moving parent to show that the move was in good faith and not to violate anyone rights or the best interest of the child.
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