Monday, April 14, 2014

NEW YORK Part 54

What if my wife tries to move the kids out state?

If there is not custody order in place already, this makes things more difficult as you may need to go to court in the state where the kids reside. However, if there is already a custody order in place, it is not so easy to do and the court could require the child to be returned to the State of New York.


The normal procedure to move out of the State would be by agreement of the parents (should be in writing) or by order of the court after a hearing is held. This is known as a relocation proceeding and it is not an easy case. Courts are usually reluctant to allow the children to be relocated when the non-moving parent objects to the relocation.

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