Legal Question in Family Law in New York

Re: Custody of children in a different state

As a general rule unless your husband gives his consent ( should be written ) you may not move to another state with the children. He could commence legal proceedings to stop you. Critical issue is if he has had regular ongoing contact. ( visitation ) and has been involved with the child(s) life.

If he has not been involved, is danger, you and children have been abused( domestic violence ) etc You may be sucessful. Test is what is in the childs best interest, NOT YOURS. If you move and do so without his consent you may be able to get order of custody in the new state, however there is a law called the Uniform Child Custody Act. In substance you will have to be in the new state for a specific amount of time before the new state will become the "home " state of the children unless there is an "emergency". Would strongly advise you consult counsel in both states as to how best to proceed in your situation. Also note if there are any court orders or proceedings in effect, ie formal action commenced, then must look at order/action with counsel to get proper advisement.