How can I move out of state with my son?

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How can I move out of state with my son?

I have a 7 year old son from a previous marriage. I have primary residency and share joint custody. His dad is active in his life and typically sees our son every weekday for an hour or so after school, plus every other weekend. There are no extended visits during the summer. I have been dating someone for 3 years. He just found out that his job is relocating him 400 miles away. We want to get engaged and I want to relocate with him. What are the odds that I will be able to take my son with me if I agree to frequent, extended visits. Is there a possibility that I will be told that I cannot relocate at all?

Asked on March 20, 2012 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, there is a distinct possibility not that you ca not relocate, but that you can not take your son with you.  If your ex husband does not agree to allow you to take your son to move out of state then you may have to ask the court to allow it.  It will be decided based upon the facts of your case.  Good luck. 


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