New York Divorce Lawyer Discusses Relocating with Children
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Question:
Can my son’s Mother move out of state with him without my consent?
My son is 4 years old and as of now his mother and I both live in NY, about 15 minutes away from each other. He stays with my fiancé and myself 3-4 days almost every week. She is technically the primary custodian but has a crazy work schedule and my son complains she is never home. We are not divorced as we were never married or even in a relationship for that matter, but a paternity test proved he was mine so I have been his father for the last 3 and a half years. He has my last name and my name is also on his birth certificate. She sprung on me that in less than 2 weeks they will be moving to Florida because she is getting evicted and I am not okay with this. She is also on her first year of a 3-year probation for a DWI while I have a clean record. Is she allowed to move him to Florida with her without my consent? Can I become primary custodian?
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Answer:
If there is no “Order of Custody” you should immediately file a Petition for Custody in the County where you reside. You can do this without an attorney by filling out the Petition forms at the court house. In your petition, you can ask to be primary custodial parent. You should clearly outline the Mother’s intent to move to Florida and ask to prevent it, citing how the move would limit your visitation. I strongly urge you to consult with a local attorney, but filing your Petition before any move takes place is very important and may ultimately save you time and stress in court on this issue.
Without a court order (or a proceeding commenced here in NY), although mom should not move without your consent, technically speaking, she can. NY, however, will be your child’s home state for 6 months after a move, but if the move happens, you will be fighting to get your child back which may be harder than fighting to keep your child here.
If there is an “Order of Custody,” then you should immediately file an Order to Show Cause in Family Court seeking to prevent relocation. Again, time is of the essence in doing this.
Do you have questions regarding relocating to a different state with your children? If so, contact the experienced New York Divorce Lawyer Jennifer Sunderlin
This educational blog was brought to you by Jennifer Sunderlin, an experienced New York Divorce Lawyer.