New York Divorce Attorney Discusses Moving Out of the State With the Children
Question:
My sister was living in AZ for four years with her kids, got divorced in AZ, and the parenting agreement was finalized there in Nov. 2014. The agreement says that both parents have joint legal decision making and the dad can see the kids anytime. The kids have always lived with her. After the divorce, the dad moved back to NY for about a year but then returned to AZ and the kids have had fairly regular contact with him.He stopped paying child support in approx. May ’15 and my sister was eventually asked to leave her rented house because she couldn’t pay rent. My mom said she could bring all three kids back to NY (where all grandparents live) and live in my grandmother’s house with her live-in aid (my grandmother is bedridden and aged) and my mother. So my sister and her three children have been in NY for exactly 4 months. The dad returned to NY at the same time. My sister now wants to return with her children to AZ where her community, friends and kids’ regular school are all located (her son who has an IEP thrived in that school and he is having difficulties in the school in NY). However, her ex is threatening her that if she leaves with kids he’ll go after her and get custody.
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Answer:
AZ still has jurisdiction on the issue of custody and will for so long as the children do not reside in another state for 6 months. So, an AZ court will address custody.
It is unlikely that an AZ court will transfer the custody issue to a NY court, which is what would have to happen before a NY court could address custody. So, an AZ court will handle this case if your sister goes back to AZ. That does not preclude the father from asking the AZ court to grant him custody and the right to move to NY. However, she can certainly advise the court that the reason for the move was his non payment of child support and her need for family support.
Do you wish to move out of state with your children in a child custody situation? Contact experienced New York Divorce Attorney Jean Mahserjian to help you.
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced New York Divorce Attorney. This does not consent an attorney client relationship.
