Saturday, June 15, 2013

Does a mother have the right to move the child away from the father to a different state?

Q:  She moved my daughter.
Doesn't allow me to see my daughter when I have the opportunity.
If my daughter is with me she wants me to still provide support for my child instead of me using the money for my child the time she is with me.

A:  David's Answer:  First, a custodial parent cannot generally relocate the child without the noncustodial parent's express permission or Court order. Second, you need to object right away - thus assuming it's a relatively recent move, you need to file a petition in court immediately requesting the Court to order her to move back. Finally, child support does not disappear during periods of visitation - you still must generally pay. That said, you should schedule a follow-up consultation with a Bronx Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody attorney (

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