Legal Question in Family Law in New York
If I am collecting child support and decide to take my children out of the country for good and I do have full custody of them. Can I still collect child support from there father who resides in NY?
2 Answers from Attorneys
First, does the father have a visitation order? If he does, you will not be able to take the children out of the country without a court order.
Second, even if he does not have a visitation order, he can go to court to stop you or force you back after you leave if you leave without a court order. Having full custody does not give you the right to move or leave the country without his permission. You can not get passports without the father's signature even if you have full custody under most circumstances.
Last, if you do get permission to leave or even if you leave without permission, if you have an order for child support, that order does not disappear even if you leave although, if you have left without permission, I think you will have a very hard time enforcing the order if you leave without permission.
If the Father does not consent and you do not have court approval, he can go to Family Court and petition to suspend child support.