Can I move out of state with my child without a custody agreement or petition ever being filed?

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Can I move out of state with my child without a custody agreement or petition ever being filed?

Asked on October 11, 2012 under Family Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As long as there are no orders in place that restrict your residence to one state, then you can relocate with your child.  Until an order is in place, both parents have equal rights and access to make decisions regarding their children.  If the non-possessory parent wants to limit the other parent's right, then they would need to find a custody suit to work out those issues.


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