Q: With only a verbal custody agreement is my Ex allowed to move my son?
My son's father and I have a verbal custody agreement and I have been told that he is thinking about moving 2 1/2 hours away and taking our son with him. Is this allowed if I am not consenting to this move without a court order?
A:
If you do nothing, you will ultimately be unable to cry "foul" on the move! I believe you should file an action with the court now to establish a *written* custody order so that any major modifications (like a geographical move) can go through the courts. He said/she said can get very tangled very easily, and it's in everyone's best interests to literally be on the same page of a custody order so that everyone knows exactly what's happening and when.
I see that you're posing your question from NYC, but in the Pennsylvania law forum here. The correct jurisdiction for filing a custody action would be in the state where the child has continuously resided for the last six (6) months. If that place is in southeastern PA, I'd be happy to speak to you further about your situation offsite. My contact information is listed in my profile here on Justia. Best of luck to you.
A: If he moves with your son before you have a custody order you can still file for custody and file an emergency petition seeking to force him to return the child to PA, if that's where you currently reside and your son has resided for at least six months. Your best option at this time is, in my opinion, to consult with an experienced family law attorney in your area abut filing for custody now.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
