Right of Custodial Parent After Non Custodial Parent Moves Out of State

**groove** · 04-14-2011, 04:11 PM

My question involves a child custody case from the State of: New York

me and my ex share joint legal custody. i have primary placement and visitation is "as agreed upon." so set visitation schedule. nothing stating about moving out of state.

he plans on moving out of state (to north carolina specifically). i want to know MY rights in regards to moving. after he has moved, do i have the right to move out of state as well? would i have to get the courts permission after he has moved out of state?

the only reason why im still in new york is so that he and his children can have a relationship. if he isnt willing to stay in the same state as him, then there is no point in me remaining here...

**Dogmatique** · 04-14-2011, 04:25 PM

NY is traditionally a bit tough on move-aways...but if Dad moves out of State first, there's really no reason for the court NOT to approve you moving too.

How often does he see the kids?

Where do you plan on moving to?

**groove** · 04-14-2011, 05:12 PM

Quoting Dogmatique

NY is traditionally a bit tough on move-aways...but if Dad moves out of State first, there's really no reason for the court NOT to approve you moving too.

How often does he see the kids?

Where do you plan on moving to?

currently, he sees the kids twice a week. i supervise (he has a problem with drugs/alcohol and anger).

i would either move to florida or alabama.

so in order to move, i would have to ask permission from the courts? i read that i would have to notify him. what if he disagrees to me moving, even if he is out of state.

**Dogmatique** · 04-14-2011, 05:20 PM

How does he propose to see the kids once he's moved to NC?

(I realize I'm answering your questions with more questions, but I'm trying to figure out the best way to help you present your situation to the court

)

Generally, if he moves first several states away, his objection to you relocating afterwards is not likely to be successful.

**groove** · 04-14-2011, 05:33 PM

Quoting Dogmatique

How does he propose to see the kids once he's moved to NC?

(I realize I'm answering your questions with more questions, but I'm trying to figure out the best way to help you present your situation to the court

)

Generally, if he moves first several states away, his objection to you relocating afterwards is not likely to be successful.

oh its alright. i understand the need for questions.

he says that he will "try" to come up every weekend for visits. we live in upstate new york. he would be moving to southern north carolina. i think we both see the likelihood of that happening is slim. especially considering he doesnt have a vehicle.

**Dogmatique** · 04-14-2011, 06:06 PM

Well, since he's creating the distance initially and you're not trying to take the kids away from him simply for it's own sake - I really don't think you'd have a problem relocating. I would wait until after he moves though (I'd actually wait as long as I could - perhaps 6 months) before making plans.

Realistically the court has two options if Dad objects. They can allow the move over Dad's objections, or decide that the children cannot leave NY. Since Dad will no longer be living in NY, there is no reason to keep the kids in NY.

So notify Dad, and then if he objects he'll have to file in NY to do so.