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  1. #1
    Join Date
    Sep 2014
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    111

    Default Parental Kidnapping when Married

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

    If two people are legally married and there is no custody order in place, I was told it is legal for either of the parents to up and move out of state if they so choose. Is this true? I was also told by a family advocate that if the other parent wants to file for custody, and is unable to do so within six months of the parent moving then that parent has established residency making it even more difficult to get the children back to the original state. Is this also true? Finally the advocate said if the mother leaves and is fleeing a violent situation (previously documented in court and child protective services) that she has a good standing to be able to fight her spouse trying to get her to bring the children back?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Parental Kidnapping when Married

    Quote Quoting Wickedsm85
    View Post
    My question involves a child custody case from the State of: NY

    If two people are legally married and there is no custody order in place, I was told it is legal for either of the parents to up and move out of state if they so choose. Is this true? I was also told by a family advocate that if the other parent wants to file for custody, and is unable to do so within six months of the parent moving then that parent has established residency making it even more difficult to get the children back to the original state. Is this also true? Finally the advocate said if the mother leaves and is fleeing a violent situation (previously documented in court and child protective services) that she has a good standing to be able to fight her spouse trying to get her to bring the children back?
    Yes, both of those are true. However, if the remaining parent is at all on the ball they will rush to court...or even wait a month or two, and then go to court to get an order requiring the parent who relocated to return the child to the original home community. That can end up being very expensive for the parent who originally relocated. It can also put the parent who originally located in a bad light with the judge.


    All in all, its much better to get permission from the court before relocating.

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