Saturday, December 13, 2014

Can a noncustodial parent take the child out of their home state if the custodial parent is not comfortable with it.

Q:  I live in the state of new york, and when i pregnant the father of my child left and moved to New Jersey. He has no permanent address of his own and i have never been to his house. And i dont think where he lives is safe but he keeps trying to take her with him. Can i legally stop him from leaveing the state with her?

A: David's Answer:  Unless you have a court order of visitation, then what visitation takes place is upon consent of both parties. In other words, if you don't agree to visits at his NJ residence, then there's no agreement & he'd need to enforce his visitation rights by filing a petition. Schedule a consult with a Bronx Child Custody lawyer for a full assessment.  -- David Bliven, Bronx Child Custody attorney (

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