QUESTION
In ny state if parents share custody can one parent up and move to Florida with the child?
Asked on Dec 04th, 2013 on Family Law - New York
More details to this question:
The parents share joint custody, but the mother has physical custody and the father has supervised visitation every other weekend. The mother wants to move the child to Florida because she has been offered a good job. Can the mother take the child without the fathers permission?
2 ANSWERS
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No. The Mother needs the Father's permission (in writing is best). If the Father won't agree, the Mother should file a petition in the Family Court seeking to relocate with the children. The Court will weigh the factors (Mom's job offer vs. Dad's time with kids) and decide what is the best interests of the child. If Mom relocates without permission of Dad or Court, she can be made to return with the kids or lose custody. These are complicated cases and Mom should really talk to some lawyers near here to make out her best possible case. Good luck.
Answered on Dec 05th, 2013 at 6:36 PM
Not necessarily. One parent can seek to block the move by petition in Family Court. The test will be whether the move is in the best interests of the child.
Answered on Dec 05th, 2013 at 3:06 PM