Syracuse, NY asked in Family Law, Child Custody and Child Support for New York

Q: am I allowed to take my kids and move out of state without my ex’s approval?

I live in New York State and have two kids . A 1 year old with his father on the birth certificate and my daughter that I had 2 months ago (he didn’t sign it because I left him right before I delivered her) I left him because he was physically/ emotionally abusive. Drug problem and had an anger problem didn’t feel safe around him. I want to move back to my hometown where my parents , grandparents, siblings , nieces and nephews are. I have nobody here.My kids will love it & I will benefit into being able to work again.He has threatened that he will make sure that the courts will force me & my kids to stay here. We have no custody In order, they just live with me & haven’t been letting them over at their dads for the time being. He has been trying to get a lawyer and get custody and get me not to leave.I told him I’d work with him when I do move but he doesn’t like it. I have no idea how to prove his abuse, toxicity and anger. I may be able to prove the drug problem. Tips and thoughts ?

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

A: You need to go to Family Court and get the Judge to approve it. You will need to show the court how ot benefits the children to move. Talk to a lawyer.

Sandra M. Colatosti agrees with this answer

Sandra M. Colatosti
Sandra M. Colatosti
Answered
  • ALBANY, NY
  • Licensed in New York

A: You would need to file a petition with Family Court to relocate with your children. You would need to show that it would be in their best interests. The Court would look at a number of factors such as the relationship between the children and their father and how the move would improve the quality of the children's lives.

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