Legal Question in Family Law in New York

Can my daughter take her 3 boys out west? I have joint custody her primary residence of oldest, i have joint custody me primary residence of second one, and i have sole custody of the youngest the father of the younger 2 has no rights to them...and the father of the eldest had joint custdy with us. help please!


Asked on 1/24/14, 11:18 am

1 Answer from Attorneys

Paula McGill Attorney at Law

Is she moving out west or just visiting there?

If she is moving out west, your next move should be to file a petition to change custody from joint custody to full. If you have sole custody of the youngest one, she cannot move him out west without requesting a modification of custody. If she moves the youngest one out of state anyway, she may end up in jail and lose joint custody of her other sons.

You should be proactive. Contact a local experienced family lawyer to file the appropriate paperwork to modify custody before she moves out of state.

Also licensed and practicing in New York.

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Answered on 1/24/14, 9:01 pm


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