Legal Question in Family Law in New York

Re: Child Custody / Relcoation

There is really no way to answer this question with a review of your case and the existing court orders.

Call 212.883.1963

Re: Child Custody / Relcoation

I disagree with Mr. Koury's advise. You should obtain a consultation with an attorney before you do anything. This way you can make sure that you have done everything correctly.

The general rule is that the custodial parent has the right to change the child's residence. However, if that change affects the non-custodial parents visitation time with the children, then you will most likely be in violation of the court's orders.

The best thing to do is to provide notice of the move with a proposed stipulation for a parenting plan to go into effect after the move. If the other parent won't agree, then you should file an Order to Show Cause allowing the relocation.

Remember, even if the court orders the move, you must wait 30 days before moving them.

If you are in Santa Clara County you can contact my office at 408-287-8484 for a free half-hour consultation to review your custody orders and discuss your options.

Re: Child Custody / Relcoation

I disagree with Mr. Koury. If you move with your children to a different state, which will interefere with your ex-wife's ability to exercise visitation, you are asking to be sued. Intereference with visitation can be a reason to award physical custody to the other parent.

To be safe, you should go to court, where the judge will decide if it's "reasonable" for you to move.

Re: Child Custody / Relcoation

unless there is a court order saying you cant move then you dont need permission.