I have sole physical and legal custody of my children. The only other thing stated in my final order was that the biological father has the right to re-apply. He has had no contact for 3 years. He found out I was moving and re-filed. But I had already signed my lease in another state. Can I move out of state without asking the courts?
If your order does not require the permission of the court or the other parent, yes you can move without permission. However, only the courts of NY can determine custodial issues. So, if you move and he files (or has already filed), you will have to come back here to litigate whether you have any right to relocate. If you have a strong reason for relocating and the father has not even seen the children for three years, you have a good chance of prevailing. But, nothing is guaranteed – because a judge will make that decision. You would have to be in another state for 6 months for that state to have the right to address custodial issues. You should consult with an attorney to make sure your rights are protected.
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 child custody issues for over 25 years.
Jean Mahserjian, Esq.
Jean M. Mahserjian, Esq., is a New York family law and divorce attorney in Albany, Saratoga, and the surrounding areas. For more than 20 years, Jean has maintained her capital region law firm, located on Route 9 in Clifton Park, New York. The practice encompasses all areas of family and matrimonial law, an online uncontested divorce service and various areas of estate planning.
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