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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.