Round Top, NY asked in Family Law and Child Custody for New York

Q: Can I move out of state with the child if both parents signed a noterized custody agreement giving me custody

They gave me permission to make any and all decisions about the child.That the child lives with me and I make decisions regarding doctors, education etc

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1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas
Answered
  • Divorce Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: The signed and acknowledged agreement must do more than give "custody." It must specifically state that relocation is agreed upon, and to bolster its validity, the agreement should include a visitation plan for the stay-behind parent. There should also be a passport authority statement in the agreement with provisions for how the stay-behind parent can access that passport for his international trips with the child.

The message here is that one-sided agreements whether notarized or not will always fail, and agreements that have mutual benefits for both parents will always withstand court scrutiny.

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