Legal Question in Family Law in New York

About ten years ago I took my mother's daughter to court for cutody, we agreed apon joint custody because at the time she was not willing to give full custody. The judge ordered my daughter to live with me, there was no set visitation only as I saw fit as long as she was not under the influence of drugs.

Her mother has been in and out of her life, she calls spiratically and within the last four years she has seen her maybe 3 times. At the present time her mother is in a court ordered rehab, and has been in many throughout the years. I have the opportunity to move out of state, I already have a home everything is set. I am doing this for more opportunities for my family, as far as jobs go, schools, to get out of a small area with a lot of trouble. When college time comes my children can go to college for free as long as they maintain a B average. All three of my kids are A and B student's. I would like to know if I have to get permission to leave the state with my daughter or if under my certain circumstances being that the judge ordered my daughter to live with me ect that I can move without any problems. I live in New York State, I would really like to avoid court if possible, our move is comming soon and I would like to be able to move and have my dauhter start school on time, as they start school earlier there. Can you please give me some insight or if you know the answer to my question can you please let me know. I really appreciate it greatly!


Asked on 5/23/10, 1:58 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

You can not move without the permission of either the mother or the court. You should consult an attorney immediately since this will undoubtedly be a very complicated case but one that you should win. If you do try to move without permission you could leave yourself open to having a court force you to move back but it is an option.

If you wish to discuss this case further you can contact me at 516-746-4747 or [email protected].

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Answered on 5/25/10, 2:07 pm


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