Sole Legal Custody, Sole Physical Custody, & father has no visitation rights and moved out of state 2 yrs ago. Can I move to FL

Asked over 2 years ago - Clifton Park, NY

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3 years ago I was granted sole legal, physical custody because father failed to meet court requirements and I did (took a year to do.) He is now located on the other side of the country and in Iraq in the Army till July. My husband and I got offered a great job opportunity in FL and want to take the kids. Being that my daughters father doesnt even have visitation rights, do I need to go through court to file or can I just move since his visitation will not be comprimised and his legal address isnt even in NYS?

Additional information

also...when i say NYS is not his legal address, neither is Iraq...that wasnt what I meant. His legal address is another state on the other side of the country and was his legal address for a year before he even went to Iraq.

Attorney answers (1)

  1. Licensed in NY

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    Chappaqua Family Law Attorney
    Contributor Level 20

    Answered December 15, 2010 16:17. There's not enough information in your posting to answer fully. You should consult with a local attorney and discuss the current order as well as the situation, then make a decision as to whether you want to file a petition seeking court approval for your move.

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