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?


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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One comment on “Failing To Give Proper Notice Of Relocation Before Moving Out Of State

    My ex-husband has filed a contempt against me for relocating our children out of state against his agreement. I’m the custodial parent and I thought my ex and I would work it out although I knew he wasn’t in favor or us moving. I’ve asked him for 7 years if we could move for a better life for our children and he refuses to even consider it. In my former state I was forced to depend on government assistance, live in a violent neighborhood, and in a not so nice part of town bc that was all I could afford. By relocating to a state where there is more bang for your buck we now live in a nice big beautiful home, safe neighborhood, kids school is brand new and two mins from my home. I am finally able to obtain full time employment after having unstable employment for the last two years after I was terminated due to my daughter being ill. No longer on government assistance. Yet, the kids are not able to see their father on Sundays and every other Saturday of which he would drop them off to a relative home while he worked. I’ve already moved and he’s taking me to court. What should I expect? While the judge make me move back? Or make me give him custody?

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