Full question:
My ex-wife wants to leave the state with my children. I don't want them to move and I would like to know what I can do. Their ages are 3 and 4. She has legal custody. Do I have any rights about my children?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: New York
Answer:
What do the divorce papers say about this? Will the move effect your ability to exercise your visitation rights in the papers? Do the papers say that some type of notice has to be provided to you before the move?
In years past, it was difficult to move children away from another parent. Recently this has changed but there are still issues to consider, including what is in the best interest of the children.
Regardless, the divorce papers may need to be modified in order to make provisions about how you exercise visitation.
If a Court finds that the move is not in the best interest of the children, the judge might change custody. However, based on their age, it could be difficult to show that they would be adversely affected by a move.
You should contact a local attorney if you cannot resolve.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
