I live in Upstate NY. My sons father also lives here. However, he has plans to move back down state (NYC). Which is nearly 6 hours away. My son lives with me and has the for the entire 3 years of his life. I would like to move out of state to be closer to my family, go back to school and take on a new job. However, my sons father doesn't agree to the move. We have no court order agreements. No court order child support or visitation. We were never married. However, he makes more money than I do. Can he take custody of my son? But most importantly, Can he prevent me from moving out of state, especially since he will be moving to another county?
Is to bring your own petition to relocate. It's always a good idea that, when you are planning on leaving your location and taking your child that you seek the Court's permission to move. If he's already moving 6 hours away, access to the child will be very, very difficult for him -- so i am not sure what his problem is other than convenience for himself or just to keep you put.
If, in fact, you have greater opportunities elsewhere and can demonstrate that the move is in your chlid's best interests, then you need to bring an affirmative application to relocate. You need to say that the relocation is not intended to prevent him from seeing the child, but because he's already going so far away, you need to get your child into the best situation for him going forward. Dad is going to have to travel to see him, one way or the other. It will sound to a judge that he is simply being punitive.
But i don't want you doing anything that will get you in trouble -- make that application first
Good luck
Ilysa
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