If I move without his knowledge am I at risk for legal consequences? What are my options? Thank you.
You should hire a local attorney to help you with the process. You will likely have to petition the court for full custody and ask that you be allowed to leave the state.
There are absolutely consequences, such as losing custody of your child. Speak to an attorney as soon as possible to discuss your options. You can use the find a lawyer tab or you can speak to one of the attorneys answering this question. Our information is available through Avvo.
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You generally need either his express permission, or court approval in order to relocate with the child. The substantial risk is that if you move & he finds out, then he can file a motion in court to force you to move the child back. If granted, this would mean you'd either need to move back at your expense or give him custody of the child. Schedule a consult with a Bronx Child Custody attorney for more info.
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You don't need custody to move. Indeed, it is a very common misconception that having "full custody" means a parent may relocate the child at will. Whether you have custody or not, if the other parent objects to the move, then you will have to prove to the court that the move is in the child's best interests or you will be faced with the choice to stay or move without the child(ren). I suggest you discuss this directly with an attorney who can fully explain all your rights and options. Good luck!
All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
In order to move with your child (the correct term is relocation) you need one of either:
- consent by the other parent
- approval by the court.
You can't just move if the other parent is around.
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