Can a Parent Relocate with Their Child if a Visitation Arrangement Has Already Been Ordered?

Question:

Can a Parent Relocate with Their Child if a Visitation Arrangement Has Already Been Ordered?I have court-ordered visitation of my daughter in New York. Her mother just picked up and moved her to New Jersey. I am also on court-ordered child support that I do pay. I’ve already went to file paperwork on her for leaving. I really need help. What can I do?
 

Answer:

If she was in New York for 6 months prior to the move, a New York Court has jurisdiction to determine whether her move was proper. Do you have a custody agreement? Did it address relocation? If not, and sometimes even if it would have allowed relocation, a court will address whether it is in your child’s best interest to move. The significant issues will be the reason for the move and the impact on your relationship and parenting time. You should schedule a consultation with a local attorney immediately to discuss your rights and whether you can force a move back pending a decision.

 
This educational legal blog was brought to you by Avvo and answered by Jean Mahserjian, an experienced New York Divorce Attorney located in Saratoga County.  Our law office has been helping residents with visitation rights for over 25 years.

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