We live in NY.
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Submitted 168 days ago...
You should be able to move out of state. Who has physical custody of the minor child. If the x-wife does, then you will probably not be able to leave the state with the child unless there is an agreement. Best thing to do is to contact the district court or child services in the city/state the child is in and ask. You dont need to get into legal trouble concerning the child and visitation
My daughter lives with me(father). We have joint custody visitation is agreed between us so if her mother calls and wants to take her and i let daughter go the mom takes her which isn't very often the mom doesn't pay support. So do i need to go to court and get something that says it's ok to move out of state and take my daughter?
I want to move out of state with my daughter i have physical custody of her and we have joint custody. Her father has visitations with her and pays no child support for her. should i be able to take her with me?
New York is among the most liberal regarding the court rulings that focus on relocation of the custoial parent. A custodial parent that wishes to relocate must have court order to do so. The relocation petition will provide an opportunity for the non-custodial parent to petition for custody. There is seminal case , that is not very sympathetic to the non-custodial parent , which makes NY unusual in that aspect, as it counters the best ineterst of the child doctrine found in both federal and other state statutes which states that a child best interest is to have the nurturing of both parents.
New York, courts tend to give deference to the custodial parent's decision to move, so long as the reason for the move is not to defeat the non-custodial parent's visitation rights.
The NY Court of Appeals held in the "Troppea" Case that the custodial parent's decision to relocate . Each relocation request must be considered on its own, with consideration of all the relevant facts and circumstances and with predominant emphasis on what outcome is most likely to serve the best interests of the child. The Appeals Court stated that "...it may be unrealistic in some cases to try to preserve the noncustodial parent's accustomed close involvement in the children's everyday life at the expense of the custodial parent's efforts to start a new life or to form a new family unit." In some cases, the interests of the child might be better served if the court grants visitation which maximizes "...
Therefore, depending on many factors including the connection with extended family, the request may be granted if you can prove theri are better schools, and you will make substatially mor emoeny, etc.
Be prepared to pay for the transportation back and forth for parenting time, as it is your choice to move. And child support maybe modified if you do end up making substantially more money.
I have no idea why the custodial father in the first question does not recieve child support, as it is required. I would be inetersted in the outcome of the original question.
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