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

Q: My daughter's mother and I share custody. I have physical custody. If we move out of state, can she stop us?

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

A: The mother must consent to you moving with the child. If she does not consent, you must petition family court for permission to move. The court must decide if it is in the child’s best interest to move, taking into consideration at number of factors.

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

A: You need to go to court and petition for relocation. If you are the residential custodial parent you can not m9vevwith the child without the non custodial parent's permission or court order.

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

A: The previous answers of counsel are correct. However, just know that if you do get the mother's permission to move out of state, be sure that it is in writing and notarized. You should also put in writing what visitation the mother will have and who will pay for transportation for the child to and from the mother's house.

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