Moving Back to Canada

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

I have been wanting to move back home to Canada, I have full custody of my daughter, and her father has non-custody
Am i allowed to just move back to Canada? and what do I have to do?

Read your judgment. What does it say about moving?

It doesn't say anything. I just want to know if I Would get into any sort of trouble becaus I am the custodial parent and he is the non custodial parent, I havE full rights to her.

Dad still has rights - and he has the right to object to his child being removed from the country.

Whether or not he'd be successful would depend on many factors, which we don't have.

If relocating out of the country is not addressed in your decree/orders, you really need to speak with a local attorney. Generally, both the court and the other parent need to be notified of your intent to relocate. In NY, the burden of proof would be on the relocating parent - that's you, in this case - to prove why the relocation would be in the child's best interest.

It is, traditionally, more difficult to get the court to approve an out-of-country move than an out-of-state move. This is one more reason you need to be consulting with a local attorney to guide you further.

I strongly advise against you just moving. This could backfire immensely and at your great expense (being forced to return the child to NY state while court proceedings are pending, just one example).

Ok I will do that. And it's because my whole family is there, I only have my momhere who was diagnoses with cancer and her health is slowly fading away.

Another thing to think about if you don't think Dad will agree, is to offer to 'sweeten the pot', if you will - offering him generous visitation and offering to pay for all transportation costs.

How often does Dad see your daughter? Again as a very general rule, the more time the NCP spends with the child, the less likely it is that the relocation will be approved.

Once a week overnight. But it's only when it's convent for him, multiple times he has dropped her off passed midnight because he couldn't get her to sleep or any other excuse.

In other words..he sees her on a regular basis?

Can you afford to pay for ALL transportation to and from Dad's? Several times a year?

Nope. I will just stay in new York, it's all I can do at this point