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

Q: Can my ex husband move out of state with kids again ?

My ex-husband and I divorced, and we have joint custody. I signed paperwork to have my son move with him to Utah two years ago for a better life I kept custody of my daughter, who lives with me. Now my ex-husband is trying to move my son to another state (texas ) I don’t agree with this. Since my son has lived in Utah, they have moved four times already inside of Utah. My son is a senior in high school this year and will not be able to transfer his college credits. If he moves to Texas is there anything legally I am able to do to not allow him to move to Texas until my son graduates high school.? I don’t know, considering I only gave permission for Utah, so please, if anybody has any advice or guidance, thank you in advance

Son is 17

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

A: How old is your son? If he is over 18 the courts have no jurisdiction and you can not legally stop your ex from moving with him.

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

A: If the order of custody is a NY order, you can bring a petition in family court to stop the move. The best way is by Order to Show Cause so the court can stop the move until the case is heard. See an attorney to help with this if you can.

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