Legal Question in Family Law in New York

Re: Moving my daughter out of state

While it appears that you have a right to a claim that you are the custodial parent, that does not give you the right to move the child out of state without consent of her mom or the court. I would require more information to determine if your ex-wife's "decisions" are bad enough to negitively affect your daughter. If we are talking Drugs/alcohol or inappropriate behavior in front of your daughter, then you would have a case. If it is that you don't like her choice of boyfriends then most likely not.

The courts in NY favor both parents being in the lives of their children. Parenting classes, therapy and other social services to help your ex are available and the court will likely try to exhaust them before letting you leave with your daughter, short of you having an outstanding opportunity in another state that would make the move be in the best interest of your child.

Re: Moving my daughter out of state

No you do not have sole or primary custody. YOu still have joint custody, with physical custody. However, a court has to determine that you have legal custody, modifying the joint custody awarded at your divorce. Yes, you would have to go to court to get permission to move because your ex has joint custody. There are a lot of factors the court will consider to determine if the move would be in your daughter's best interest.