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Can I move on the other side of the country with my daughter with my boyfriend/future husband?

Madison, NY |

I am a single mother separated from my ex boyfriend and we have a child together.
I am now in a relationship with a man but he is being relocated to Hawaii. We would like to take our relationship further and have my daughter and I move down there in a year. We both agree that marriage before that time would also be in the plan.
I have a standing custody agreement, for 3 years now, with my ex that states that I'm not allowed to move out of either our residing counties. I have residential custody but split legal custody of my child. I have never moved before and she would only be starting school at the time of us moving. There are great schools down there for her and I wouldn't try and keep her from my ex. I think that her still seeing him is a good thing, but maybe for summer and spring vacations.

Attorney Answers 3


You should oetition the court in advance for permission to move. Either the two sides will come to an agreement or the court will determine what it believes to be in the best interest of the child. Good luck.

This answer is only for informational purposes and is not meant as legal advice.

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This is discussed in my Blog. I think that the article I published recently will be helpful to you.

The information offered at this website is not, nor is it intended to be, legal advice. You should consult an attorney for legal advice regarding your individual situation. This answer does not create an attorney-client relationship.

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In order to move with the child, you need either the consent of the other parent or a court order allowing it. These are difficult cases. You would be mistaken to attempt to go forward without legal advice. There are many factors which the court must consider, and you probably won't even know what they are without a lawyer's help.

If you can't afford an attorney, you should file a petition to modify your prior order in the Family Court. Then you should immediately ask for a court appointed lawyer. Your petition will probably need to be amended to include everything you will need to allege in order to have a chance at prevailing.

You want to take care of this now. I don't recommend marrying someone moving to Hawaii unless you are willing to a) live apart from him, or b) Live in Hawaii with your husband while your daughter continues to live in New York.

This anawer is not intended to create an attorney-client relationship and may be considered attorney advertising. This answer should not supplant advice received from any attorney the questioner may have or obtain, as that attorney will be able to provide more thorough and informed advice.

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