Q: Can I move out of state/country when I have sole/legal/physical custody.
I have sole legal, physical, residential custody of my 8 year old. My 8 year old attends a British School in New York City and is taught in the British system as the plan when the marriage was great was to send child to English school eventually in England. The child is not taught the American system and most of her friends/families at school over the years are also planning the same - British learning for a British school in the future (high school/college or even transfers to Britain for school in earlier years pre-secondary education). My question is - given my custody rights, can I move? If so, what would I need to do and is this a compelling enough reason to petition the move? Thank you
A: You should not relocate with the child without court permission. If the non-custodial parent does not consent ands is deprived of any court ordered visitation, you could be held in contempt or even lose custody all together. You should go to court to seek a modification to permit the relocation. Talk to an attorney.
A: In order to be able to move, you have to get the father's permission and if he refuses, you need to get court permission. This should be done BEFORE the move. You should plan on filing in court if the father does not consent at least 9 months in advance due to the time it will take to get a court decision. You reason is good enough to file for relocation, if it is compelling enough for permission is up to a court. Seek the assistance of an attorney before you file in court.
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