Thursday, January 30, 2014

Can I move out of state even if the father of my daughter has not responded to the notarized consent form I sent him?

Q:  im moving out of state to be with my family. I have a court order in place where I have sole custody of my daughter and he has some visitation for every other weekend which he doesn't follow through with. I told him 3 months ago of me planning on moving and he never wanted to speak about it. I sent him a letter with a parenting plan where he will get her for the summer and alternate holidays for a week at a time. He has yet to respond. Whats the worst that can happen if i leave. He is not a good talker. I gave him the address where I will live and everything. He barely does anything at all with my daughter.

A:  David's Answer:  The worst that can happen is that he files a petition in court & the Judge orders you to return the child to the state at your expense. Indeed, the Judge may even consider this as a factor against you in deciding whether to switch custody of the child to the father. I'd strongly advise against moving without court permission, especially not without sitting down with a NYC Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (

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