Friday, September 6, 2013

How do I move out of state with my child when I have joint custody with my ex?

Q: My son is 2 years old and lives with me Mon-Fri and his is mother has him from Fri to Mon. We have joint custody of him and we live in NY. I am planning to move to North Carolina next year and I want to take my son with me but I am not sure his mother would agree to it. Right now I support him fully and do not receive child support from her. I am looking to buy a house in the suburbs and she lives in a not so nice neighborhood. How can I move out of state with him legally?

A: Relocation is a complex case & thus if you are serious about doing so, you need to plan a strategy now. If the non-custodial parent is not paying child support, then she should be. You'll need to file for same and press the issue on add-on expenses as well. Moreover, your reasons for the move are critical. For instance, are you moving because your job is being transferred, or just for a "fresh start?" Your case is tougher if the latter as opposed to the former.  -- David Bliven, Bronx Child Custody lawyer (

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