Legal Question in Family Law in New York
family law
can a custodial parent move out of state, especially since the none custodian parent at the moment has no visitation rights, because of federal crime SHE did.
1 Answer from Attorneys
Re: family law
If there is an order from the court granting you, the custodial parent, sole custody then yes you can move out of state. If, however, there is no order or an order for joint custody then you must get permission from the court. Having no visitation is not necessarily preventive of one exercising their right to challenge the move. There are several factors the court will assess, one of them being the bond between the noncustodial and child and the burden the move would have on that bond. There are several other factors the court will consider in determing the best interests of the child.