Legal Question in Family Law in New York
Would like to move From New York to New Jersey
I am an unmarried mother with a 4 month old son. My son's father is present in his life. We live together; however it seems we can not maintain an amicable romantic relationship. We realize that we will soon have to separate, and have mutally agreed to do so when our son turns 1. It is my intent, with his agreement, to return to New Jersey. I do however know that emotions spiral out of control in extreme emotional situations, and I am realistically wondering if I will face any problems when the year is up. Does anyone have any information on New York law. There is no custody agreement. Do I need one to move 45 miles out of state? Can I move to New Jersey and then set up a custody agreement. Is my son a resident of New York at a year old, who can not be removed from the state. I am totally in the dark on how to proceed. As I previously stated, we are both in agreement on where and how our son will be raised. However, my gut tells me when the time comes to act on what we have talked about and agreed upon, I will be in for a big suprise and a big fight.
2 Answers from Attorneys
Re: Would like to move From New York to New Jersey
You may have problems, you may not. If the father keeps his agreement, you will have no problems. If he "freaks out" he can take you to court. If that happens, you need to make it clear to the Judge that you had an agreement. Good luck.
Re: Would like to move From New York to New Jersey
Residency is established at 6 months in NY; and in most other states. So, if you can, move now to avail yourself of the custody laws of your "live in" state.
If you move after 6 months, NY custody and visitation laws will be controlling, until or unless you have lived in the "new" state a minimum of 6 months, without a custody or visitation order from a NY Court of competent jurisdiction.
NY (Most) Courts tend to be jealous of their authority and therefore, do not like to permit parents removing children from their Court's jurisdiction, ie., to another state, without good cause. So, you may have a custody, visitation battle if you, with your child, remain here too long, sign an Agreement in NY before your leave; or subject your child to a NY Court's jurisdiction.
Good luck!
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