What do I need to do to get court permission to move out of state with my daughter of whom I have full sole custody?

I was awarded full legal sole custody of my daughter when she was 6 months old. I want to move out of state because my ex has been harassing me for 10 years. Also, it would be financially better for us. My rent is $1025 a month here, however my mortgage in the new state is less than $300. Yes, I already purchased the home 2 years ago. My ex has visitation but because he is unstable the court will not allow her to sleep in his house.

Asked on July 6, 2012 under Family Law, New York

Answers:

Russ Pietryga / Pietryga Law Office

Answered 8 years ago | Contributor

You need to file a "Petition to Modify the Divorce Decree".  Usually, courts require a "material change of circumstance" to modify a divorce decree.

Because you are moving out of state.  This is a material change of circumstance.  Of course, you will have allege why this move will be in your child's best interest.  The move will significantly limit your spouses visitation rights.  That said, you will probably have to come up with a workable plan for future visitation.  I am sure your state has a statute that provides for visitation for parents that live in different states.

Hope this helps.


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