Q: Until recently, the father has been active and present in his child's life. At present we have no legal orders in place, however, there has been emotional and domestic violence (unreported, not sure if that is valid anymore). I am the primary care taker and am being treated for depression. In order to get emotional and financial support from family, I want to move to another state. I don't want to involve the courts, can I do this without notifying the father and/or getting the father's permission before hand? Do I have to file for custody? Also, if I were to petition for child support which state should this be done in (i.e., in NY or once we move)?
A: David's Answer: Bottom line - I'd advise strongly against moving out-of-state without the father's signed, notarized consent allowing you to do so. Even so, it's better to have such a letter drawn up by an attorney. It's best yet to file for custody & seek an order allowing you to relocate - if the father consents, then the case is made all the easier. Speak to a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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