Failing To Give Proper Notice Of Relocation Before Moving Out Of State

Albany divorce lawyer Asa NeffQuestion:

I told my ex-wife I was relocating to another state with our children due to the best interests of providing them with a better life.

My ex-wife has filed a modification of custody in the state that issued the custody order alleging that I did not give her proper notice before relocating.

Does she have grounds for this request for change in custody? Does my old state (her current state) still have jurisdiction over this matter?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New York divorce laws where I am licensed to practice.

If a child custody order is in place from your previous state’s court, then you need to look at the language of the order or agreement.

Typically, a custody order or custody agreement specifically addresses relocation and will require either notification or consent of the other parent prior to the child moving out of the county let alone out of the state.

Some custody orders even require pre-approval from the court before a child is relocated out of state. If this is the case, and an order is in place from the original state, then that state would retain jurisdiction over custody of the child who is subject to the custody order.

Preventing Relocation:

Moving Away With The Kids

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New York Divorce Lawyer Asa Neff, contact Cordell & Cordell.

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