Legal Question in Family Law in New York
child support moving out of state
hi, I am not separated yet. But I plan to leave my husband to go out of state. SHould I start legal proceedings here, like divorce and child support, or should I wait until I get to my new state? I dont want him to stop me from going.
2 Answers from Attorneys
Re: child support moving out of state
Very bad idea to move with the child out of New York becuase you will effectively stop your husband's right of visitation. Furthermore, I do not know what the jurisdictional statute is for the state you want to move to, but if both you and your husband have been living in NY for over 1 year, NY has jurisdiction to hear the divorce. Therefore, I would start the divorce proceeding in NY.
Mike.
Re: child support moving out of state
You will need your husbands consent or a Judge's aproval to move the child out of state.
If you move without it, he can ask a Judge to have you return the child to him.
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