Saturday, July 20, 2013

My ex and I have a 4 year old. Can I move out of the sate without legal repercussions?

Q:  Until recently, the father has been active and present in his child's life. At present we have no legal orders in place, however, there has been emotional and domestic violence (unreported, not sure if that is valid anymore). I am the primary care taker and am being treated for depression. In order to get emotional and financial support from family, I want to move to another state. I don't want to involve the courts, can I do this without notifying the father and/or getting the father's permission before hand? Do I have to file for custody? Also, if I were to petition for child support which state should this be done in (i.e., in NY or once we move)?

A:  David's Answer:  Bottom line - I'd advise strongly against moving out-of-state without the father's signed, notarized consent allowing you to do so. Even so, it's better to have such a letter drawn up by an attorney. It's best yet to file for custody & seek an order allowing you to relocate - if the father consents, then the case is made all the easier. Speak to a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (

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