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

Q: Can I relocate internationally with my child if I have sole physical custody but joint legal custody?

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA

A: If you have sole physical custody of your child, you may be able to relocate internationally with your child depending on the terms of your joint legal custody agreement and the laws of your state.

In general, relocation with a child may require court approval or agreement from the other parent if you share legal custody. This means that you may need to petition the court to modify your custody agreement to allow for international relocation, or you may need to obtain written consent from the other parent.

The laws regarding custody and relocation can vary by state, so it's important to consult with an attorney who is familiar with the laws in your state to understand your legal options and obligations. An attorney can help you understand the requirements for obtaining court approval or written consent, and can assist you with filing the necessary paperwork and representing you in court if necessary.

It's also important to consider the practical aspects of international relocation, such as the impact it may have on your child's relationship with the other parent, and the potential logistical and financial challenges of moving to a foreign country with a child.

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