Can My Spouse Move Out of State with Our Daughter Without Consent if Custody is Shared?
We got divorced two years ago by mutual agreement. We did our documents through “we the people” and chose to do the visits with my oldest daughter and our younger daughter one week with him and one with me. We stayed here in Schenectady to make it easier for us to keep that schedule and the kids could stay in there school. Now my ex wants to move to Baltimore, Maryland with his new family and take our 10 year old daughter. I told him she can stay with him for the summer but has to come back home and go to school in NY. She has two sisters here and a mom who loves and need her too.
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His request to move your daughter to Maryland is a request for relocation. If your agreement does not explicitly give him the right to relocate with your daughter, he cannot take her. However, I would recommend that you consult with an attorney who can review all of your divorce documents. It may be advisable for you to file a petition in Family Court to seek an immediate order preventing him from moving your daughter. I would strongly advise that you not enter into any verbal agreement with him allowing your daughter to go for just the summer. You need a court order that is clear and controlling which outlines his time with her in Maryland.
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced Albany, New York Child Custody Attorney. This does not consent an attorney client relationship.