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View Full Version : How do I move out of the state of NY with my son?


MommyZG
Dec 16, 2012, 06:47 PM
I have a 1yr old son and I have split 50/50 custody with his father but I want to move out of state. It will make a better life for my son and I. I have a safe home with my parents set up for us, I also already have an income set up for when I make it down there and I plan on getting another job once I'm there along with having in home child care for my son. I feel I have a better support system and better chances at a real life for my son and I. But I know that his father and father's side of the family are very anti the idea of me leaving with my son. Please I really need help I need to be able to be a good mother and make a better life for my son and I.

JudyKayTee
Dec 16, 2012, 06:48 PM
A Court Order can only be legally changed by another Court Order. Go back to Court make the request for the relief you need/want. Be prepared to back up the need to move with evidence.

If approved visitation will be changed to less frequent but longer and it is entirely possible that transportation for the child(ren) will be your sole expense.

I am in NY. Someone I know - and I've posted this - moved less than an hour's drive away, across a County line, with her child after getting verbal permission from the father. He then went to Court because there was no Court Order concerning the change. She was found in contempt of the visitation portion of the Order and lost custody.

ScottGem
Dec 16, 2012, 06:50 PM
You have to convince a court that it would be a better life for him. You will probably have to agree to a modification of the custody so maybe the father gets summers and alternate holidays.

But since there is court ordered custody, you have to petition the court for permission to move.