Legal Question in Family Law in New York

Can I move to another state and take my child if the father and I were never married?


Asked on 7/08/12, 11:41 am

1 Answer from Attorneys

Philip Katz Fink & Katz, PLLC

There really isn't enough information in your question for a good answer to be provided. I can say that as a general matter, if a mother of a child leaves the State of New York and remains out of the state for more than 6 months, then the NY courts no longer have jurisdiction over the child, so the father would then have to raise any relocation issues in the state that you and your child have moved to. If, on the other hand, before you leave or shortly thereafter dad files an action in NYS Family Court seeking to block your relocation with the child, the court would hear the case and ultimately a hearing would be held to determine if the child can leave the state with the mother.

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Answered on 7/08/12, 5:55 pm


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