Legal Question in Family Law in New York

joint custody, move out of state
I have a joint custody agreement
with my ex-husband (2 kids, ages 4
& 8), with me having primary
residential custody. I also have veto
power over all Major decisions, if we
cannot agree. Our visitation and
custody agreement was agreed upon
and finalized based upon our
residency on Long Island. He has
sinced moved 2 times, once to NYC
and now to Pennsylvania, over 100
miles away. I know I need
permission to move out of state with
the children. Does he need
permission to move himself, if it
changes visitation? Does he have a
right to significantly alter the
visitation agreement without the
court's consent. He plans on
traveling with my two kids
everyother weekend to PA. I'm
believe this would be a hardship for
them, especially during the school
year. My lawyer suggests I wait and
see. Not happy.

Asked on 10/15/07, 10:03 pm

Daniel Clement Law Offices of Daniel Clement

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0 attorneys agreed

Re: joint custody, move out of state

Neither parent has the right to unilaterally change the visitation schedule.

Since he does not have custody, he is free to move as he desires, without leave of court.

Daniel Clement

thedivorcereport.com

Answered on 10/15/07, 10:25 pm

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