I am the sole legal and residential custodial parent of my children.I cannot afford NY, and need to move back to FL where it is more affordable and I have support. Do I need the non custodial parents permission?do I have to petition the court?
Yes moving a child out of the state where there is jurisdiction (the court ordered the custody and the support without the permission of the non custodial parent and the court can lead to a charge of child abduction, a petition from the ex to switch custody and a requirement that you begin paying child support. You might find a better choice in petitioning the court for more support.
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Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.