Question:
My current order (out of NY) allows me to move 500 miles from the town my son’s father lives in, which is not in NYS. He has moved out of state. I want to move further than 500 miles, and he said the only way he will let me go is if I reduce child support. If I decide to move without his permission and he contested that would he do so in NY, the state he lives in or the state that I move to? His visitation is on school holidays, and isn’t affected regardless of where I move, as my son takes a flight to see his father.
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Answer:
Since you currently live in NY, only NY has jurisdiction to address custodial issues. The procedure that you should follow will depend on what your prior order or agreement provides. You should consult with a local attorney who can review the relevant documents and advise you on how to proceed. A major concern of a court would be the extent to which your son’s father’s parenting time would be affected by a move. From the facts that you have outlined, there would be no impact. That should be sufficient to allow you to move.
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced Albany, New York Child Support Attorney. This does not consent an attorney client relationship.
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