What to do if I have joint legal custody of my daughter and she resides with me as well but I have to move out of state?

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What to do if I have joint legal custody of my daughter and she resides with me as well but I have to move out of state?

I have an issue where I need to move out of state. My daughter and I live with my mother and she is moving, my daughter and I can’t go with her. I have no other family in the state. What are my chances if I file for a modification of visitation because it doesn’t state in my court order that I can’t take my daughter out of state? Her father doesn’t agree with me taking her.

Asked on December 27, 2012 under Family Law, New York

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

If the order is silent on whether you are required to notify the father before any move, you still have to act with caution.  The father can file a contempt action against you for interference with visitation and move for modification of the court order based upon your move.  As a result, you may be forced to return to New York with your daughter or leave your daughter to live with your father.  It is better to notify the father beforehand of your intention to move and to try to work out a modified visitation schedule you can file with the court as a consent petition to modify visitation.  You should consider hiring an attorney for this modification.

Also licensed and practicing in New York.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with a family law attorney as to the chances of success that you will be able to take your minor with you to reside out of state in the joint custody matter you have written about. You need to be cognizant of your child's needs based upon her age and leaving her school and friends.

I suggest that you and the child's father discuss with her what she wishes to do about the possible relocation and then make appropriate decisions such as a modification of child custody and support via a stipulation of the parents or a court hearing.


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