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Child abandonment in New York State
My family and I are looking to move to Austin, TX to better our way of life. My question is the kids birth father and I share custody, he has not had contact, in person or by other means of communication, for 6 years. In my divorce papers I have to have permission to move outside of NYS. Do I still need his permission even if he has abandoned his children and has made no effort at all to be in touch with them?
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Yes, you still need to attempt to get permission or, you need to go back to the court and ask them to amend the divorce decree. You cannot just defy an existing court order.
On the other hand, if he will not give you written permission to move, them you simply go to court and ask the court to amend the order. If you can prove he has not had contact, then there should be no problem granting the change. It may not even be necessary to have a court hearing. You file your petition and serve him notice to respond. If he doesn't respond by a deadline, then you ask the court to approve the petition. |
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Yes, you need permission. While I realize that you need to plan your move not just up and go after you obtain the permission, don't put anything in stone until you get done in court. I imagine that since the father hasn't made contact with the child/ren that you don't have contact with him either. So, you can try to get written permission from him but if you don't think that is likely get your petition drawn up this weekend. Then you can file it on Monday. The sooner you file the sooner you get a court date.
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Has he paid child support or has it been garnished. I say this, since payment of support is often viewed as a "contact" by many judges.
But even if he has not used his visits, that is often not enough to take away any rights, but it may be enough to get the judge to allow you to move. But you will need either, his permission in writing, or a court order allowing the move. If you move without permission, you risk his taking you to court to order children back into state. |
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