Saturday, June 15, 2013

Can the parent awarded with final decision making authority relocate with the children?

Q:  My husband and I have joint customer with final decision making awarded to myself. I would like to relocate with my children without the father. Will I be obstructing the law if I do since there is a joint legal customer with my having final say. The father was awarded visitations after an incident resulting in an full order of protection in place. He is now on a limited order of protection on probation for 6 months...If I leave with my children, will I be at fault even though I am the final decision making party?

A:  David's Answer:  The short answer is no - and it doesn't even turn on the fact that you have joint custody. Even if you had sole custody, you still cannot generally relocate without the noncustodial parent's express permission or court order allowing the move. Thus, if you move without this, you may be held in violation & ordered to move the child back at your expense. In any event, I suggest that you schedule a consultation with a NYC Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody attorney (

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