Can I move out of state with my children if there is a custody order in place?
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Can I move out of state with my children if there is a custody order in place?
My husband is against the move.
Asked on July 3, 2015 under Family Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
No you can't, unless you have your husband's permission to do so. What you will need�to do is to go back to court and obtain a modification of the order allowing you to moce with the children. In makingit decidion, the court will look to what is in the "best interest of the child(ren)". So, for instance, the judge will want to know the reason for the move, how far away it is, how easy will it be for the non-custodial parent to keep a visittion schedule, etc. Typically a relocation for a job or to be with a new spouse will be considered more favorably than a move simply�to get away from the other parent.
At this point you should consult directly with an attorney in your area. If you leave, without your spouse's consent, you can be charged with child kidnapping charges.
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