Sunday, September 7, 2014

How can I move my daughter out of state?

Q: I have a three year old who has always lived with me. Her father and I never married. There is no court ordered agreements he's been seeing her every other weekend on our own agreement. I have another child with my fiancé who has been "daddy" to my ex's and my child since she was 1. We live in a bad NYC neighborhood with stabbings and shootings every other week. My fiancé has the opportunity to relocate 1 1/2 hrs (by plane) away with his job to a small southern city. I would love for my daughter to not bear witness to the violence in NYC and have a normal life growing up. How can I move my daughter out of state with us? What are the steps I must take? If I just up and move within the next 3 months like I plan, can he take her from me?

A: David's Answer: You'd need to file a custody petition along with an application for relocation. My advise would be to file a child support petition along with same to give you some bargaining leverage. - David Bliven, Bronx Child Custody attorney (

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