Staten Island, NY asked in Child Custody and Family Law for New York

Q: Can I move back to another state with my daughter while separated from my husband?

We lived in Chicago for 3 years while my husband was in graduate school. I separated from my husband over a month ago. He has been verbally and emotionally abusive,and one day he became physical in front of our child, and I ended up at the police station filing a report for domestic violence.

I am currently in NY with my child at my mother in-laws house.

He is moving at the end of the year for job reasons to Boston.

I am planning to move back to Maryland, where we used to live and even got married. Can I legally do so? We really don't have any deep roots in any state (i am from Spain and all my family is over there)

I know this is very complex,but any help would be appreciate it.

Thank you.

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3 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: If you have lived in NY for over 6 months then NY is the home state of the child for custody and visitation purposes. If you were to move without your husband's agreement, he could bring on an action for custody. If that happens, the court can order the child to be returned to NY. You would then have the option of returning to NY or giving custody to the father. I strongly suggest that you sit with an attorney and go over the facts of your case and your options.

1 user found this answer helpful

Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: My first question is, are there any current court orders of custody and/or visitation? If not then, technically there is no order stopping you. However, moving without court permission is not advisable because your husband can obtain an order of Habeaus Corpus and force you to return with the child. Also, it would not look good if there is a custody fight. If you seek a court order of custody and relocation, you are likely to get one. Where to do so is the next issue. Wherever the child has resided for in the past 6 months is the jurisdiction for custody purposes. If the child has resided in NY for the ;last 6 months you can file a petition in NY. Contact an attorney to go over the specifics.

Laura Ann Daniels
Laura Ann Daniels
Answered
  • Scarsdale, NY
  • Licensed in New York

A: Yes, you can move because he is not staying in Chicago where you lived as a couple with your child. Once you are there you should file for custody and a divorce.

1 user found this answer helpful

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