Interstate Issues: Moving with No Limitations in Agreement

Quote:

Quoting LostBoy

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

My divorce decree and custody agreement gives my ex-wife and I joint legal custody, but I have residential custody. We have been legally separated for more than three years, with the divorce recently finalized. Our agreement doesn't have any restrictions on relocating. I am exploring with my fiance the possibility of moving to New Jersey, within commuting distance of NYC. Are there any laws that prohibit this? I expect that I will need to negotiate a change in my ex's visitation schedule, but are there legally any limits on how far (distance or time) that I can relocate?

Usually if an order is silent on the subject of relocation then it defaults to state law. I have not located the law for NY but googling got me enough info that indicates that you will need mom's or the court's approval to relocate the child out of NYC.

When it all boils down to the nitty gritty, it is going to depend a great deal on how much that would change the parenting time for mom. If its close enough that it does not impact mom's time, then its usually not a problem. If its far enough that it impacts mom's time significantly, then it starts to become a problem. Ultimately, what the judge has to decide is what would be the least disruptive to the child. If you work in NYC and will be continuing to work in NYC then it probably would be better not to rock the boat.