What to do if I want to move back to Canada with my son?

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What to do if I want to move back to Canada with my son?

My divorce/custody agreement allows me to move within 2 hours of my ex. I would like to return to Canada, exceeding to 2 hours limit, because I am planning to remarry; I am not a US citizen. I have physical custody but shared legal custody with my ex. I would want to continue visitation however it is in my son’s best interest to continue to live with me. My ex and his live in girlfriend cannot provide a stable setting for him. I am fearful if I try and make any move he will fight for custody.

Asked on July 8, 2012 under Family Law, New York

Answers:

david slater / david p.slater, esq.

Answered 9 years ago | Contributor

You will need court permission and a modification of the divorce decree in order to relocate.  The best interests of your child controlls.


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