Question:
My husband and I are thinking about moving out of state with our three children. My oldest has a different father and we all live in NY state. We both have joint custody with having residential custody, myself.
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I would like to go to school in the state where we are planning to move, which is 17 1 /2 hours away. My husband is the only one working. If I want to move out of state with my son, what do I need to present to the court?
Answer:
Relocation is a very difficult issue for parents, attorneys and judges. It’s rare that there is a position of compromise and settlement. Either the relocation is permitted or it is not. The first step for you is to explore options directly with your oldest child’s father to determine whether he would agree with the relocation. If he does not, you will need to file a petition in Family Court seeking permission to leave. The court will assess a number of issues, including the quality of your oldest child’s relationship with the father and whether that relationship will be negatively impacted by the move. You should consult with a local attorney to thoroughly explore this issue and plan how to present your case if you need to file in court.
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced New York Family Law Attorney. This does not consent an attorney client relationship.
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