Thursday, October 9, 2014

I want to relocate with my husband, I have a 10 year from another relationship and I have full custody of him.

Q: I currently reside in New York but want to relocate to Rhode island, on the court papers it states nothing about not being able to relocate, his father doesn’t call him look for him or even take me to court for visitations so I assume he doesn’t really care. The reason for relocating is I’m about to have another baby with my husband and spouse of 9 years, he has family in Rhode island is better for the kids so my husband and I think it’s the best move for our growing family. My son wants to move so badly. Now I’m in court with the fathers parents they want visitation but as for the father I don’t even know where he lives nor do I have a number to contact him at. Can I just move or do I have to go to court first to request permission for relocation.

A: David's Answer: If the father is not expressly consenting to the move, then you'll need to file a petition asking the court for permission to move. I have seen horror stories where the mother just moves in these circumstances, and then the Judge orders her to return the child to the jurisdiction (at her expense) pending a full trial.  - David Bliven, Bronx Child Custody attorney (

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