Legal Question in Family Law in New York
custody issues
Can the grandparents that have custody of their son's and ex daughter in law's children move out of state? Can they do it without notifying both parents and/or the court? Who then maintains jurisdicion over the children? NY or the state they were moved to?
1 Answer from Attorneys
Re: custody issues
If the grandparents have legal custody pursuant to order or agreement entered in court, it all depends on what the order/agreement says. Unless the parents' rights have been formally terminated altogether, I would advise notifying them in advance of any relocation. The original state (NY) would likely retain jurisdiction over any dispute arising from the children's removal. Anyone invoilved in a situation like this should consult with an attorney immediately. I do not charge a fee for the initial consultation.
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