I have seven-year and 4 1/2 year old. I have joint – legal custody of them. Can I move out of the state?
You do not indicate in what state you are located. In the State of New York, the courts have relatively recently allowed for a more lenient view of the custodial parent moving out of state for personal or material improvement in the family’s living standard. Until that time, the courts were very strict and rarely allowed a custodial parent to take the children out of state, where the remaining parent would have difficulty seeing the children regularly.
Today, however, each case will be investigated separately by the courts, and if the judge feels the move is in the “best interest of the children,” the judge may permit such a move.
Leonard M. Weiner, Esq./Divorce Solutions