Skip to main content

Can legal custodial parent move out of ny/

New York |

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?

Attorney Answers 1


  1. 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.

    You might find my legal guide on selecting and hiring a lawyer helpful.
    You might find my legal guide on Is it Legal? Is it Illegal? helpful.
    You might find my legal guide on the understanding the different court systems helpful.
    You might find my legal guide on legal terms used in litigation helpful

    (Even if you are not filing a lawsuit this information can be useful).

    You might find my legal guide on the court systems in NYC helpful.

    You might find Gabriel Cheong’s legal guide on the do and don’t of finances after a divorce helpful.
    You might find my legal guide on divorce in general and in NJ helpful.
    (Much of this information is valid for unmarrieds who have children together).
    You might find my legal guide on international law and child abduction helpful.

    LEGAL DISCLAIMER
    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.

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics