What Happens When a Parent Wants to Take a Child Out of State?

When a parent has physical custody of the child and wants to take the child out of the State of New York, the parent must get approval from the New York family court to do so or get consent from the non-custodial parent. Problems may arise when the non-custodial says no and the custodial parent takes the child outside the state anyway. The custodial parent could find themselves in violation of the custody order and could face fines, penalties or jail time.

Child Custody Agreement Essential

It is advised that the custodial parent read the custody and court ordered agreements carefully before making any decisions to take a child out of the State of New York. The custodial parent can ask the court to modify the custody order and agreement, especially when they are taking a job out of state or there is another family matter that requires the moving of the child out of the State of New York. Courts look at all the facts and circumstances and make decisions based upon what is in the best interest of the child. The court will consider the relationship between the child and the non-custodial parent and other factors such as whether the custodial parent is remarrying or attending school or has a better financial opportunity in another state before making their decision as whether the move is considered to be in the best interests of the child.

A non-custodial parent may also petition the court for the right to have the child visit the non-custodial parent in another state if the non-custodial parent moves or the non-custodial parent wants to take the child to visit relatives such as grandparents who reside in another state or country.

If you are thinking about removing your child form the State of New York, you should consult with a New York family law attorney first to make sure that you are not violating any court ordered custody or visitation agreements.