Legal Question in Family Law in New York

Re: Wife and Child leaving the State

This is a difficult situation and there are a number of ways to handle it.

It is my opinion that you can move to Texas with your child without his permission. That assumes there are no court orders to prevent you.

If you do move, I recommend that you file very quickly in Texas. in fact, have your family start the proceeding now, today, in Texas.

If a proceeding starts in NY, then you will be stuck in NY for all of the legal proceedings for the future and there might even be a court order that you cannot take the child to Texas to live.

Re: Wife and Child leaving the State

You need to consult an attorney in TX about the law governing divorce and child custody in that state, if that is where you plan to go and hope to file. Absent a court order or pending proceeding in NY, there should be no reason why you cannot travel where you want to go with your child. You should consult with an attorney immediately, and before taking any action, to discuss the details of your situation and explore your alternatives. It may be the case that NY can better provide the relief you seek, for example. Feel free to call my office to schedule an appointment.

Re: Wife and Child leaving the State

You may need the permission of your husband or, in the alternative, of a court to leave.

Daniel Clement