Legal Question in Family Law in New York
moving out of state when there's a joint custody order
My husband (who is in the Air force) and I will most likley end up getting stationed out of state in the near future. I have a child from a previous relationship and we have joint custody. Will we be allowed to take my son (whom I have sole physical custody of) with us? Or will we have to go through a huge - grueling court battle??? Could he stop us from moving? What would I have to give up to be able to move with my husband?
1 Answer from Attorneys
Re: moving out of state when there's a joint custody order
From my experience in dealing with similiar cercumstances you may have a difficult situation. the father of the child is going to have to consent otherwise he can keep you from relocating.
A lot of times we can get the father of the child to agree by way of reducing child support or giving him significant time when the child is off from school visitation within the state that the father lives in.
Please contact my office if you would like further assistance.
Shawn Kassman
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