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Can I leave my state with my son, we have joint custody

 
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Mom in NY



Joined: 01 Apr 2006
Posts: 1
State or Province: New York

PostPosted: Sat Apr 01, 2006 8:21 pm    Post subject: Can I leave my state with my son, we have joint custody Reply with quote

I have a 12 yr old son, his father and I share joint custody of him. I was given physical placement of our son (he lives with me), his dad has visitation (every other weekend, 2 weeks in the summer and 1 week at xmas). He does pay child support regularly as well. My fiance was offered a job in Las Vegas, NV and we want to move early in 2007. Though we have joint custody, I want to move and of course take my son with me. Ive tried to tell his father that he can see him all summer and all school vacations. He however refuses to agree and says I cant take him out of NY. Is this true?? Does anyone have any experience in this that could advise me? Is it a long legal process??? HELP!!!!!
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smadmin
Site Admin


Joined: 20 Dec 2005
Posts: 18
State or Province: SM Site Admin

PostPosted: Wed Apr 19, 2006 10:58 pm    Post subject: Joint Custody - NY Reply with quote

Some info can be found at:
New York Consolidated Laws, Chapter 14

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

http://public.leginfo.state.ny.us/menuf.cgi
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Still in Love



Joined: 05 Sep 2006
Posts: 216
State or Province: California

PostPosted: Thu Sep 07, 2006 9:17 pm    Post subject: Reply with quote

Yes it is true... if you can't come to an agreement on your own, you will have to petition the courts to be allowed to move out of state. It will be up to the courts to decide if you can go with your son, or if you can go, and dad will get primary custody of your son and you will have to have the visitations. It is not really fair, but it is what it is...

Here in California, I have primary physical custody, and he only gets reasonable visitation of 10% of our son's time... I have to notify his dad 24 hours before I move within our county... and 45 days if I want to move outside the county or the state... he can then say no... and I would have to go to court and give just reasons why I need to move and take my child away from his father... I can't even move out of the county... and still be in the same state without my son's dad's permission.
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