I have 2 children (ages 2 and 5) with a woman in Ithaca NY. Last year we decided to go to mediation and made an agreement to have joint custody of the kids, but we never signed the agreement. The kids primarily reside with her, but stay over at my place some weekends, and a few evenings after work. An old boyfriend from Indiana has emerged and wants her and the kids to move to Indiana with him. What rights do I have? Can she leave the state?
what should I do?
It's time to file for at least visitation and at most, custody. Otherwise, she will leave, and after six months, the family courts in Indiana will have custody jurisdiction over your child, and you'll have to file and visit in Indiana.
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Without a Court Order in place, you have absolutely no protection. You need to file a petition to determine custody and parenting time. Relocation is a complex issue. I strongly suggest you speak with an attorney.
Unless you agree or the Court issues an order she will not be able to relocate with the children. I strongly suggest you obtain counsel and file a petition for custody and visitation asap!
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