Can I move out-of-state with my children?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I move out-of-state with my children?
I have custody of my 2 children. My husband is fighting that. He has DCF reports against him also. He is working a lot under the table so he does not have to pay support. I just lost my job because it was working wrong hours with caring for my children alone and school hours for them. I have financial problems now and don’t know where to turn. My parents both live in FL. My sister and brother also live in FL. My mom said she would take us in indefinitely, if we could come with her in FL, if it is legal for me to do so. Is it legal? What would I have to do?
Asked on September 13, 2010 under Family Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The first thing to do when considering relocating with your children is to review your current custody agreement (it may be in a speartate agrement or part of yout divorce or parenting plan). Oftentimes, the issue of relocation has already been addressed in the agreement. If it has and it is favorable to allowing your relocation, all you have to do is follow the guidelines that have been spelled out (if you violate any of the terms of the custody agreement, violation can adversely affect your move).
If relocation is prohibited or limited, you will have to file a relocation order with the courts. Relocating in such a case without the court’s consent can lead to a kidnapping charge. So be sure to obtain the court’s approval. In making its decision as to whether or not to allow a spouse to relocate to another state with children, the court will consider the reason for the move, how far away you plan to go, if relocation will result in a better quality of life for your children, how the move will affect visitation, and similar considerations. A court would be more inclined to allow a move for a legitimate purpose, such as by a desire to be closer to family as opposed to an attempt to get away from the other spouse in order to limit their access to the children.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.