Legal Question in Family Law in New York
Mother leaving state with child
Unmarried parents. Both of legal age. Paternity has been granted to the father by family court. Mother wants to move out of state. Can she take the baby without permission from the father. Mother has maintaned custody to this point.
3 Answers from Attorneys
Re: Mother leaving state with child
No, she should not leave the state without the father's permission. Her move would effectively terminate his visitation rights, and courts do not look favorably on this.
Re: Mother leaving state with child
These cases (the issue is known as "Relocation") are very fact specific and cannot be discussed here on the informaton provided.
If you wish to discuss this with me privately, please call to schedule a consultation: (516) 741-7799.
For more information, please visit my web site.
Re: Mother leaving state with child
If there is no court order (support,custody or visitation)pending that prevents you from moving you can move out of state. Of course, your husband would then have the right to seek a court order providing for reasonable visitation which may require you to move back to NY.
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