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Joint custody moving out of state New York

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  • Joint custody moving out of state New York

    I have joint custody, and I am the primary parent. I will be moving from NY to Indiana. My custody/visitation orders do not say anything about needing permission from the court to move. My ex told me that it is NY state law that permission must be granted before I can move. Is that true?

  • #2
    Originally posted by DevinsMommy View Post
    I have joint custody, and I am the primary parent. I will be moving from NY to Indiana. My custody/visitation orders do not say anything about needing permission from the court to move. My ex told me that it is NY state law that permission must be granted before I can move. Is that true?
    The law does require you to notify the other parent in writing at least 60 days prior to a move.
    If the other parent is in agreement, you will need to file in court for a modification of the custody/visitation order. It will be easy if averyone agrees, you can simply file a stipulated agreement.

    If the other parent does not agree to the move, you will need to file a motion with the court asking for permission to move, and a modification of the custdy/visitation order.

    You will need to prove to the court that moving your child(ren) away from the other parent is in their best interests. If the other parent plays any role at all in the child(ren)' life, getting permission will be hard to do, and will require the services of an attorney.

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