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moving out of state


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#1 jdutton10

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Posted 05 February 2013 - 08:27 AM

Hello. I live in NY, have custody of my son, and my ex has supervised visitations once a week for 2 hours at a facility. Being a nursing student, I hope to move when I am offered a job after graduation, hopefully somewhere warmer down south. I am not sure if I am able to do that with this arrangement, or how go about being able to do so. Could someone let me know what my options are, and if there's any hope for me to do this? Thank you!!! p.s. yes, I am the father.

#2 Ted_from_Texas

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Posted 05 February 2013 - 08:56 AM

To relocate your child to another state you'll need to obtain consent from either your ex or the court. Whether either is feasible or even possible is impossible to say from the facts in your brief message. A local family law attorney can explain how New York laws apply to your particular circumstances, and the best way to proceed.

#3 LegalwriterOne

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Posted 05 February 2013 - 08:56 AM

Obviously unless you plan on transporting the child for the supervised visits weekly from wherever you want to relocate to, you will need petition the court to change the visitation schedule. Be prepared to be ordered to pay for transportation for the child's visits....Consult counsel.

#4 Guest_FindLaw_Amir_*

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Posted 05 February 2013 - 10:30 AM

To learn more about this subject matter, you may visit the Family Law Center and read Interstate Custody Arrangements as a good resource. I also suggest you consult with a local New York Family Law Lawyer for clarification on your specific situation.

#5 pg1067

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Posted 05 February 2013 - 11:48 AM

Being a nursing student, I hope to move when I am offered a job after graduation, hopefully somewhere warmer down south. I am not sure if I am able to do that with this arrangement, or how go about being able to do so. Could someone let me know what my options are, and if there's any hope for me to do this?


Well...are you or do you expect to be willing and able to bring your child from wherever you relocate back to NY on a weekly basis for visitation with his father (or, if your child is old enough to travel without you, to stick him on a plane once a week)?

Does your custody/visitation order contain any restrictions on relocating out of state (or more than X miles from your current residence)?

Why does the father only have limited, supervised visitation? Do you have any expectation that the father will seek greater and/or unsupervised visitation anytime in the near future?

Why is the move you contemplate in your child's best interests? Why should your desire to live "somewhere warmer down south" take precedence over the father's right to have regular visitation with the child?

In terms of practicalities, I expect the cost of maintaining the existing visitation schedule would be prohibitive (esp. if you travel with him). If I'm right about that, then you'll at least have to seek to modify the visitation order and likely will have to justify the move to a judge. I strongly encourage you to consult with a local family law attorney for advice.




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