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If I relocate, what state would the non-custodial parent contest my relocation? He moved out of state.
Anonymous2 views2 answers
My current order (out of NY) allows me to move 500 miles from the town my son's father lives in, which is not in NYS. He has moved out of state. I want to move further than 500 miles, and he said the only way he will let me go is if I reduce child support. If I decide to move without his permission and he contested that would he do so in NY, the state he lives in or the state that I move to? His visitation is on school holidays, and isn't affected regardless of where I move, as my son takes a flight to see his father.
The issue of relocation is mandated by state law but all states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act which says that actions dealing with any type of custody order is done in the home state of the child unless there has been a prior order, in which case that state has continuing exclusive jurisdiction, provided that one of the parents continues to reside in that state. In your case, the father continues to reside in NY so the case has to be filed there. While there are exceptions they are quite difficult for non-lawyers to follow so you would be wise to consult with an attorney in your state.
By the way, support is almost never altered merely because of a new residence.
Since you currently live in NY, only NY has jurisdiction to address custodial issues. The procedure that you should follow will depend on what your prior order or agreement provides. You should consult with a local attorney who can review the relevant documents and advise you on how to proceed. A major concern of a court would be the extent to which your son's father's parenting time would be affected by a move. From the facts that you have outlined, there would be no impact. That should be sufficient to allow you to move.
