Legal Question in Family Law in New York

I previously asked the question that I will paste at the bottom, I forgot to include that the father is aware and gives consent for me to take our son the question was more aimed at wether the law would cause.anyproblems with this?

Me and my spouse are getting divorced im a uk citizen and he american. When it is over I will have to return to the uk. My question is will I have a problem when it.comes to taking my son with me? He was born while we were married but im the one who has raised him and im a very competent mother, I have a apartment and job lined up for when I.return to the uk, I have a clean record and refuse to leave my son behind, any help would be gratefull. Incase it.makes a difference our son is 2yr.

Asked on 6/20/13, 2:50 pm

1 Answer from Attorneys

Philip Katz Fink & Katz, PLLC

If your child has lived in NY for more than 6 months as of your posting, then NY is his "home state" and the NYS courts have jurisdiction over all custody and parenting time issues with respect to your child. You will have to file a "relocation and custody" petition in NYS Family Court, or ask for permission from the court to relocate with your child as part of your divorce decree.

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Answered on 7/09/13, 5:36 pm

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