Im originally from Florida... moved here pregnant to be with my son father. I had the baby here in NY. About 2 years ago we split up and he took me to court so I can't relocate with my son back to Florida. The judge ruled us both joint custody however the child lives with me and the father gets visitations but she did not grant me relocation.

I am having a hard time here financially... emotionally... all my family and support is in Florida. I have a daughter (from previous relationship) that also wants to move back home. I have no help here, I want to go to school to better myself but can't because I have nobody to watch my kids and can't afford a sitter, my job cut my pay because my ex-mother watches the baby when its convient for her after she said in court that she'd help with BOTH my kids.

My son father is suppost to get my son every other weekend and one day during the week but for some reason he only picks him up every other wkend and Ive had him for all the holidays including fathers day!

What can I do to take this back to court to get back home? What would happen if I just leave with the kids but give him the address where Id be at? What do I do?

What can I do to take this back to court to get back home?
You have to ask the court for child custody modification


What would happen if I just leave with the kids but give him the address where Id be at?
You will be charged with parent kidnapping... Probably the father will get the custody.

What do i do?


Ask for modification... But have a mind the judge can order you to pay for all his travel expenses.

Petitioning for the right to relocate a child is a time-consuming and expensive process, that will be best handled with an attorney.

The court system prefers for your to exhaust all options before relocating a child out of state and hindering the ability for equal and consistent parenting time with each parent.

Make your list of why your life necessitates the relocation, come up with a comparable visitation schedule and how the expenses will be handled for traveling and try to work out arrangements with your ex first. If you can agree on a schedule then it will go better for you in court. Make sure to list the reasons this would be in the child's best interest. Also track any missed visitation the your ex willingly forfeits for your own situation, if needed.

Your other option is to come to a custodial arrangement with the father that allows the child to live with her father and have visitation yourself.