Legal Question in Family Law in New York

Since there is no custody or divorce agreement between you and your husband you can move. However, your husband may turn around and file for custody or visitation in New York (jurisdiction ... where the case can be filed). You would then be forced to deal with the case in New York.

Another potential problem with moving is that you may have a hard time registering the child in school without a document from the court or the other parent.

You should really think about the fact that your child will no longer have access to his/her dad due to distance. The parent that moves usually will pay for transportation for the child to visit noncustodial (parent the child does not live with) parent unless there is an agreement to share the expenses.

It will probably make your husband angry if you try to move without telling him. I would try to talk with him. Be reasonable and make arrangements for the child to spend quality time with him, phone access, internet access, They can see each other via video cam etc. Get creative and be fair. You will more likely get him to agree to the move by presenting alternatives where it is clear you will not interfere with his right to have a meaningful relationship with the child.