Legal Question in Family Law in California
Leaving Husband and moving from Ne w York to California and taking Children
I want to know if it is legal for me to move from New York to California with my two children.
3 Answers from Attorneys
Re: Leaving Husband and moving from Ne w York to California and taking Children
The New York Court of Appeals has ruled that a court faced with this type of question must take into account all relevant factors, including each parent's reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child's future contact with the noncustodial parent, the degree to which the custodial parent's and child's life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the noncustodial parent and child through suitable visitation arrangements. The Court stated that "In the end, it is for the court to determine, based on all of the proof, whether it has been established by a preponderance of the evidence that a proposed relocation would serve the child's best interests." Jeremy Morley 888-393-1923
Re: Leaving Husband and moving from Ne w York to California and taking Children
In plain english, no, you cannot just move your children to California without your husband's permission. You can ask for his permission, and you may get it. If you take the children without his knowledge or consent, it is parental kidnapping, and there could be some serious repurcussions.
If he will not give his permission, you will have to file for divorce, and ask the court to determine what is in the best interests of the children. You will have to stay here until that determination is made. As you can imagine, it will not be something that will be resolved quickly or easily. If there is any way you can get him to agree to the move, you will save both of you heartache, time, and legal bills.
Re: Leaving Husband and moving from Ne w York to California and taking Children
The Court can never stop you from going
If there is no outstanding Judgment of Divorce
or Family Court Order prohibiting the move
then there is no illegality in making the
move
However, once the move is made, the Cal
Courts will not hear any cases about custody
for probably a year. The only Court
which will listen to any cases for that year
will be NY where the Husband remains.
If the move was made solely to defeat
the Husband's rights to visit with the children
and have contact with the children, the
Court will grant custody to the Husband
and the children will be returned without you
Hire a lawyer and make the transition legal before
the move through either a custody/visitation
decree in Family Court, a Separation/Divorce
Decree in Supreme Court, or by written
agreement with the Husband.