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NY child custody laws, parent's right to take child out of the country

Asked over 3 years ago - New Windsor, NY

I am a father that pays child support and am divorced. My ex has taken my child out of the country to Germany without any notification to me. The child is now in Germany still as her new husband is stationed in Germany.
I am aware that in my divorce decree it states she cannot do that without following certain procedures which she failed to do. I obviously know there is something that can be done with this legally concerning this matter however, what are some of the things that could happen if I did that. Secondly does a child need both parents to sign anything to get a passport to take a child out of the country and if so what kind of a violation is that if my ex did that fraudulently?

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Attorney answers (1)

Alexander Korotkin

Reputation Level 9

Answered over 3 years ago. Child Custody Lawyer in Rochester, NY.

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There isn't a simple answer in this situation. Initially, it is unclear what your judgment of divorce or separation agreement actually say about residence of the child. Assuming that the move took place within the last 6 months, you can seek modification of custody in New York courts as New York would still be considered home state of the child.

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