Legal Question in Family Law in New York

I have primary custody of my two small children. My husband and I split after he fathered another child with our 18 year old babysitter. I am now wanting to move my family back to our hometown which is Texas. (We are in NY now) What are the next steps I should take or is having primary custody enough to move them?


Asked on 12/01/11, 7:30 pm

1 Answer from Attorneys

Paula McGill Attorney at Law

Look at the order. Does it require a 30 day notice for moves outside the county or state?

Will the move interfere with the father's visitation? If you move, is the father likely to file a petition to modify custody? If so, you will be required to answer the petition. You might be able to avoid problems by discussing the move with your husband. If you opposes it, you will probably have to file a petition to move out state.

Also licensed and practicing in New York.

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Answered on 12/01/11, 7:37 pm


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